Hussain vs State Of Kerala
2024 Latest Caselaw 10526 Ker

Kerala High Court

Hussain vs State Of Kerala on 11 April, 2024

WP(C)No.12517 of 2024

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                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
          THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                             WP(C) NO. 12517 OF 2024
PETITIONER:

               HUSSAIN
               AGED 61 YEARS
               S/O HYDRU, CHENGANAKKATTIL HOUSE
               VALAVANNUR PO, MALAPPURAM, PIN - 676551
               BY ADVS.
               VIJAI MATHEWS
               JOSEPH THEKKEKURUVANAL


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,
               REVENUE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001
      2        DISTRICT COLLECTOR
               COLLECTORATE, CIVIL STATION
               MALAPPURAM, PIN - 676553
      3        REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, TIRUR,
               MALAPPURAM, PIN - 676101
      4        LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
               ATHAVANAD, MALAPPURAM, PIN - 676301
      5        AGRICULTURAL OFFICER
               KRISHI BHAVAN, ATHAVANAD MALAPPURAM, PIN - 676301
      6        THE VILLAGE OFFICER
               ATHAVANAD, MALAPPURAM, PIN - 676301



               SMT.SHEEBA SABARINATH, GP


      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.12517 of 2024

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                             MOHAMMED NIAS C.P., J.

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                                 WP(C)No.12517 of 2024


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                         Dated this the 11th day of April, 2024


                                       JUDGMENT

The petitioner, stated to be the absolute owner in possession of 0.1639 Hectares of

land in Survey No.40/2-4 in Block No.1 Athavanad Village, Tirur Taluk, Malappuram

district has preferred Ext.P1 application before the third respondent seeking deletion of

the property from the data bank under Form 5 of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 (for short, 'the Act'). The learned counsel for the petitioner

submits that no orders have been passed on the statutory application so far.

2. Under such circumstances, there will be a direction to the fifth respondent -

Agricultural officer to file a report to the third respondent - the Revenue Divisional Officer

within two months from today. On receipt of the said report, the RDO will consider Ext.P1

application within three months from the date of receipt of the report from the

Agricultural Officer, and pass orders strictly in terms of the Act and Rules.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

dlk/11.4.2024

APPENDIX OF WP(C) 12517/2024

PETITIONER'S EXHIBITS EXHIBIT -P1 TRUE COPY OF THE APPLICATION IN FORM NO 5 BEARING NO. 40/2024/529744 DATED 27-02-2024 EXHIBIT -P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23-02-2024