Abdul Razak T. M vs Revenue Divisional Officer, Kozhikode
2024 Latest Caselaw 23263 Ker

Kerala High Court

Abdul Razak T. M vs Revenue Divisional Officer, Kozhikode on 2 August, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
                      WP(C) NO. 24082 OF 2024
PETITIONER:

         ABDUL RAZAK T. M.,
         AGED 60 YEARS
         S/O MAMMED KOYA RESIDING AT NAZEEB MANZIL,
         MATHOTTAM, ARAKKINAR, KOZHIKODE, PIN - 673028
         BY ADVS.
         ANTONY SHYJU
         H.NUJUMUDEEN
         ABDUL RAHOOF P.M.
         SHERIN ACHU NINAN


RESPONDENTS:

    1    REVENUE DIVISIONAL OFFICER, KOZHIKODE,
         RDO OFFICE, CIVIL STATION, ERANJIPPALAM, KOZHIKODE,
         PIN - 673020
 ADDL.R2 VILLAGE OFFICER, CHERUVANNUR,
         KOLATHARA P.O., KOZHIKODE TALUK,
         KOZHIKODE DISTRICT, PIN - 673655 IS IMPLEADED AS
         PER ORDER DATED 02.08.2024 IN I.A.NO.1/2024
         SMT.DEVI SHRI R., GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.24082/2024
                                             ..2..


                         MOHAMMED NIAS C.P., J
                       ..................................................

                            W.P.(C)No.24082/2024
                           ..........................................

                   Dated this the 2nd day of August, 2024


                                     JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 18 Ares and 96.77 sq.meters of land comprised in Survey

Nos.133/108, 133/98, 57/64 and 57/65 situated in Block No.66/13154 of

Cheruvannur Village, Cheruvannur Nallalam Grama Panchayat in

Kozhikode District, has preferred Ext.P5 application under Form-6 of

the Kerala Conservation of Paddy Land and Wetland Act and Rules,

2008, (for short, the Act and the Rules) seeking change of user of the

property in the data bank.

2. The learned counsel for the petitioner submits that no orders

have been passed on the statutory application so far.

Accordingly, there will be a direction to the additional 2nd

respondent Village Officer to give sufficient inputs required under the

Act and the Rules to the 1st respondent Revenue Divisional Officer or

the officer authorised under Section 2(XVA) of the Act, within two

..3..

months from today. On receipt of the same, the 1st respondent

Revenue Divisional Officer/authorised officer will consider Ext.P5

application within two months thereafter and pass orders strictly in

terms of the Act and the Rules.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE ACR

..4..

APPENDIX OF WP(C) 24082/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE UNNUMBERED SURVEY SKETCH PREPARED BY A LICENSED SURVEYOR Exhibit P2 THE TRUE COPY OF LAND TAX RECEIPT NO.

KL11010503628/2024 DATED 11/04/2024 ISSUED FROM THE VILLAGE OFFICE, CHERUVANNUR Exhibit P3 THE TRUE COPY OF BUILDING PLAN PREPARED BY THE LICENSED BUILDING SUPERVISOR AND IT HAS BEEN APPROVED BY THE PANCHAYATH OFFICIALS Exhibit P4 THE TRUE COPY OF THE BUILDING PERMIT NO.

BL-0460/07-08 ISSUED BY THE OFFICIALS OF CHERUVANNUR NALLALAM GRAMA PANCHAYATH DATED 31.05.2008 Exhibit P5 THE TRUE COPY OF THE FORM NO. 6 PETITION ALONG WITH ITS RECEIPT DATED 22.06.2024