Citation : 2024 Latest Caselaw 19051 Ker
Judgement Date : 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 14243 OF 2024
PETITIONER:
SHAJI MUNAWAR,
AGED 39 YEARS, S/O. KUNNATHERI ABDUL KAREEM,
KUNATHERI HOUSE, COURT ROAD, NEDUVA VILLAGE,
PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676 303.
BY ADVS.
A.MUHAMMED MUSTHAFA
SONY BENNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 REVENUE DIVISIONAL OFFICER - TIRUR,
REVENUE DIVISION OFFICE,
TIRUR-THRIKANDIYOOR ROAD,
MALAPPURAM DISTRICT, KERALA, PIN - 676101.
3 THE AGRICULTURAL OFFICER,
PARAPPANAGADI PANCHAYATH, KRISHI BHAWAN,
PARAPPANAGADI, PIN - 676303.
4 THE TAHSILDAR,
TIRURANGADI TALUK, TIRURANGADI TALUK OFFICE,
CIVIL STATION, NEAR CHAMMAD BUS STATION,
MALAPPURAM , KERALA, PIN - 676305.
5 THE VILLAGE OFFICER,
NEDUVA VILLAGE, NEAR TO PARAPPANANGADI
MUNSSIF'S COURT MALAPPURAM DISTRICT,
KERALA, PIN - 676303
W.P.(C)No.14243 OF 2024
2
OTHER PRESENT:
SMT.PREETHA K.K., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.14243 OF 2024
3
MOHAMMED NIAS C.P., J.
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W.P.(C). No. 14243 of 2024
------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The petitioner, stated to be the absolute owner of
the property having an extent of 2.84 Ares of land
comprised in Survey No.81/10-5 situated in Tiroorangadi
Taluk, in Neduva Village in Malappuram District, has
preferred Ext.P3 application under Form 5 of the Kerala
Conservation of Paddy Land and Wetland Act and Rules,
2008, (for short, "the Act and the Rules") seeking a
direction to the 2nd and 3rd respondents to consider and
pass orders on Exhibits P3 in Form 5 application filed
under Rule 4D of the Rules, within a time frame.
2. The learned counsel for the petitioner submits
that no orders have been passed on the statutory
application so far.
Under such circumstances, there will be a direction W.P.(C)No.14243 OF 2024
to the 3rd respondent, the Agricultural Officer to provide
sufficient inputs required under the Act and the Rules to
the 2nd respondent Revenue Divisional Officer within two
months from today. On receipt of the same, the 2nd
respondent Revenue Divisional Officer will consider Ext.P3
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
S.M.K. W.P.(C)No.14243 OF 2024
APPENDIX OF WP(C) 14243/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTERED SALE DEED DATED 03.06.2023 BEARING REGISTRATION NO. 1489/2023 ON THE FILES OF SRO PARAPPANANGADI
Exhibit P2 A TAX PAID RECEIPT DATED 10.08.2023 ISSUED BY THE VILLAGE OFFICER NEDUVA
Exhibit P3 A TRUE COPY OF THE FORM 5 APPLICATION DATED 02.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE CHALLAN REMITTING THE REQUISITE FEES DATED 02.03.2024 ISSUED BY THE LAND REVENUE DEPARTMENT
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