Muhammed Anwar vs The District Collector
2023 Latest Caselaw 4248 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. 11299 OF 2023
PETITIONER:

              MUHAMMED ANWAR
              AGED 49 YEARS
              S/O. HAYYIDRASKUTTY, THALAANCHERI, NEDUVA, TIRURANGADI,
              MALAPPURAM, PIN - 676319

              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
              TIRURANGADI TALUK OFFICE, TIRURANGADI, MALAPPURAM,
              PIN - 676306

     4        THE AGRICULTURAL OFFICER
              PARAPPANANGADI KRISHI BHAVAN, CHERUMUKKU, PARAPPANANGADI,
              MALAPPURAM, PIN - 676303

              SRI.APPU.P.S-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. 11299 OF 2023                 2




                                  JUDGMENT

Dated this the 31st day of March, 2023

The petitioner is the owner in possession of 5.26 Ares

of land in Survey No.82/5-7 of Neduva Village in

Tiruranangadi Taluk of Malappuram District. The petitioner

confines his 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 petitioner, the property is garden

land and has 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 petitioner 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) 11299/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 10.02.2022

Exhibit P2 TRUE COPY OF THE EXTRACT OF DRAFT DATA BANK OF PARAPPANANGADI KRISHI BHAVAN

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 20.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 20.02.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION