Abdul Rasheed vs The District Collector
2023 Latest Caselaw 4243 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO. 11304 OF 2023
PETITIONERS:

     1       ABDUL RASHEED
             AGED 53 YEARS
             S/O. UMMER, MANIKKULAKKEL, KODATHUR, PONNANI, MALAPPURAM,
             PIN - 679577
     2       ABDUL NAZEER
             AGED 51 YEARS
             S/O. UMMER, MANIKKULAKKEL, KODATHUR, PONNANI, MALAPPURAM,
             PIN - 679577
     3       MUHAMMED KAMAL
             AGED 49 YEARS
             S/O. UMMER, MANIKKULAKKEL, KODATHUR, PONNANI, MALAPPURAM,
             PIN - 679577
             BY ADVS.
             ARYA UNNIKRISHNAN
             SHAKTHI PRAKASH


RESPONDENTS:
     1     THE DISTRICT COLLECTOR
           COLLECTRATE ROAD, UP HILL, MALAPPURAM, PIN - 676505
     2       THE REVENUE DIVISIONAL OFFICER
             TIRUR REVENUE DIVISIONAL OFFICE, TIRUR - THRIKANDIYOOR
             ROAD, TIRUR, MALAPPURAM, PIN - 676101
     3       THE TAHSILDAR
             PONNANI TALUK OFFICE, PONNANI, MALAPPURAM, PIN - 679577
     4       THE AGRICULTURAL OFFICER
             PERUMPADAPPA KRISHI BHAVAN, BLOCK OFFICE ROAD,
             PERUMPADAPPA, MALAPPURAM, PIN - 679580
             SMT.PARVATHY.K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11304 OF 2023               2




                                 JUDGMENT

Dated this the 31st day of March, 2023

The petitioners are the owners in possession of

18.92 Ares of land in Survey Nos.208/1-2 and 208/1-6 of

Perumpadappa Village in Ponnani Taluk of Malappuram

District. The petitioners confine their relief for an expeditious

consideration of Ext.P3 application in Form No.5 under the

provisions of the Kerala Conservation of Paddy land and

Wetland Act, 2008, seeking deletion of entry relating to the

subject property from the data bank. According to the

petitioners, the properties are garden lands and have been

erroneously included in the data bank.

2. Having heard the learned Government Pleader also

and without expressing any view on the merits of the matter,

this writ petition is disposed of directing the RDO/2nd

respondent to consider Ext.P3 application (Form No.5), after

obtaining all necessary inputs including the report of the

Agricultural Officer and to pass appropriate orders thereon.

The entire proceedings shall be completed within a period of

three months from the date of receipt of a copy of this

judgment. The petitioners shall produce the copy of this

judgment along with the copy of the writ petition before the

2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 11304/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 13.02.2023

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK OF PERUMPADAPPA VILLAGE

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 14.02.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 14.02.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION