Suresh vs Sub Collector And Revenue Divisional ...
2024 Latest Caselaw 12172 Ker

Kerala High Court

Suresh vs Sub Collector And Revenue Divisional ... on 14 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     TUESDAY, THE 14TH DAY OF MAY     2024 / 24TH VAISAKHA, 1946

                         WP(C) NO. 17578 OF 2024

PETITIONER:

              SURESH AGED 60 YEARS S/O.RAMAN, PANTHARIYIL HOUSE,
              PERUMUDIYOOR POST, PATTAMBI TALUK, PALAKKAD DISTRICT,
              PIN - 679303
              BY ADVS. R.SREEHARI HAMZA A.V. APARNA M.P. VIGNESH S.
              DHANYA C.R.

RESPONDENTS:

     1        SUB COLLECTOR AND REVENUE DIVISIONAL OFFICER
              OTTAPPALAM, OFFICE OF THE SUB COLLECTOR, OTTAPPALAM
              POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN -
              679101
     2        LOCAL LEVEL MONITORING COMMITTEE (CONSTITUTED UNDER
              THE KERALA CONSERVATION OF PADDY LAND AND WET LAND
              ACT,2008), MUTHUTHALA GRAMA PANCHAYAT , REPRESENTED BY
              ITS CONVENOR - AGRICULTURAL OFFICER, AGRICULTURAL
              OFFICE, KRISHI BHAVAN, MUTHUTHALA, MUTHUTHALA POST,
              PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303
     3        AGRICULTURAL OFFICER AGRICULTURAL OFFICE, KRISHI
              BHAVAN, MUTHUTHALA, MUTHUTHALA POST, PATTAMBI TALUK,
              PALAKKAD DISTRICT, PIN - 679303
     4        VILLAGE OFFICER MUTHUTHALA VILLAGE OFFICE, MUTHUTHALA
              POST,    PATTAMBI TALUK, PALAKKAD DISTRICT, PIN -
              679303
              BY GP - PARVATHY K.

  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 17578 of 2024                :2:



                         VIJU ABRAHAM , J.
              ===========================
                     WP(C) No. 17578 of 2024
              ============================
                Dated this the 14th day of May, 2024

                               JUDGMENT

Petitioner has approached this Court seeking a direction to consider

and pass orders on Ext.P2 Form 5 application pending before the 1 st

respondent.

2. Petitioner is the absolute owner and is in possession and

enjoyment of 4.05 ares (0.0405 hectares) in Re.Sy. No.495/4-6 (Old

Sy.No.131/4) of Muthuthala Village, Pattambi Taluk, Palakkad District by

virtue of document No.1703/1/2002 dated 02.09.2022 of SRO, Pattambi.

Petitioner submits that though the said land is described as 'Nilam' in the

revenue records, the same was actually lying as a 'paramba' (dry land)

and is included in the data bank.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I am inclined to dispose of the writ

petition with a direction to the 1 st respondent to consider and pass orders

on Ext.P2 Form 5 application submitted by the petitioner and take a final

decision on the same as expeditiously as possible, at any rate within a

period of three months from the date of receipt of a copy of this judgment.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 17578/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14/11/2022 WITH NO.72603673, ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM NO.5 OF KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES , 2008 DATED 28/11/2022 WITH APPLICATION NO.151/2022/13963 BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER WITH NO.6577 5993 3838, ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA