Muhammed Musthafa vs The District Collector
2024 Latest Caselaw 5975 Ker

Kerala High Court

Muhammed Musthafa vs The District Collector on 23 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 7140 OF 2024
PETITIONER:

          MUHAMMED MUSTHAFA
          AGED 39 YEARS
          S/O. ALAVI HAJI, PULIKKAL HOUSE,
          KAVATHIKULAM, ATHANIKKAL, KOTTAKKAL,
          MALAPPURAM, PIN - 676503

          BY ADVS.
          AMJATHA D.A.
          MUHASIN K.M.
          FARHANA K.H.



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, UPHILL,
          MALAPPURAM, PIN - 676505

    2     THE REVENUE DIVISIONAL OFFICER
          TIRUR REVENUE DIVISIONAL OFFICE,
          TIRUR - THRIKANDIYOOR ROAD,
          TIRUR, MALAPPURAM, PIN - 676101
          R BY GP SMT.DEVISREE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7140 OF 2024       : 2 :



                     JUDGMENT

The petitioner is the owner in possession of an

extent of 4.86 Ares of land comprised in

Sy.No.304/8-2 of Othukkungal Village, Tirurangadi

Taluk, Malappuram District. The property is

mentioned as 'nilam' in the revenue records. The

petitioner submitted Form 6 application under

Section 27A of the Kerala Conservation of Paddy

Land and Wetland Act, 2008 (hereinafter referred to

as 'the Act, 2008' for short) to change the nature of

the land. The 2nd respondent, the RDO rejected the

application as per Ext.P3 order. Challenging Ext.P3,

the petitioner preferred an appeal before the

District Collector under Section 27B of the Act,

2008. The grievance of the petitioner is that, Ext.P4

appeal is not so far disposed of by the 1 st

respondent.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. In the facts and circumstances of the case

and taking into consideration that Ext.P4 is a

statutory appeal, there will be a direction to the 1 st

respondent to consider and dispose of the same in

accordance with law and as expeditiously as

possible, at any rate, within a period of two months

from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this writ

petition along with a copy of the judgment before

the 1st respondent for due compliance.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01.08.2022

Exhibit P2 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 21.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER DATED 28.03.2023 ISSUED BY THE 2ND RESPONDENT REJECTING THE PETITIONER'S FORM 6 APPLICATION

Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 04.11.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT