Citation : 2024 Latest Caselaw 13848 Ker
Judgement Date : 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 11918 OF 2024
PETITIONER:
ABDUL GAFOOR T,
AGED 36 YEARS,
S/O BEERAN KUTTY,
THETTAMMAL HOUSE, TIRUR,
MALAPPURAM, PIN - 676101
BY ADVS.
SHRI. SADIQALI.M
SHRI. MOHAMED SHAFI M.
SHRI. SHAMNAD.E.
RESPONDENTS:
REVENUE DIVISIONAL OFFICER, TIRUR,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, TIRUR,
1
MALAPPURAM DISTRICT, PIN - 676101.
NIRAMARUTHUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
2 NIRAMARUTHUR GRAMA PANCHAYATH OFFICE,
NIRAMARUTHUR,MALAPPURAM DISTRICT, PIN - 676109.
VILLAGE OFFICER,
NIRAMARATHUR VILLAGE, VILLAGE OFFICE,
3
NIRAMARATHUR,MALAPPURAM DISTRICT, PIN - 676109.
4 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY AGRICULTURAL OFFICER,
AGRICULTURE OFFICE, NIRAMARATHUR,
MALAPPURAM, PIN - 676307.
BY ADVS,
SMT. DEVI SHRI R, GP
SHRI. M.MUHAMMED SHAFI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No. 11918 of 2024
.............................................................
Dated this the 28th day May of 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an extent of
2.42 ares of land comprised in Survey No. 384/6-86 of Tirur Taluk in
Niramaruthur Village in Malappuram District, has preferred Ext.P4
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 a
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 3rd respondent Village
Officer to give sufficient inputs required under the Act and the Rules to the
1st respondent Revenue Divisional Officer within two months from today. On
receipt of the same, the 1st respondent Revenue Divisional Officer will
consider Ext.P4 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 HKH/28.05.2024 APPENDIX OF WP(C) 11918/2024
PETITIONER EXHIBITS
TRUE COPY OF DOCUMENT NO: 1606/1/2023 DATED Exhibit P1 15.03.2023 OF SUB-REGISTRAR OFFICE TIRUR IS PRODUCED THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED Exhibit P2 18.02.2024 IS PRODUCED A TRUE COPY OF THE LAND TAX RECEIPT WITH THE Exhibit P3 THANDAPPER NO: 30713 MARKING PETITIONER'S LAND AS 'NILAM' DATED 24.05.2023 IS PRODUCED TRUE COPY OF THE APPLICATION PREFERRED IN FORM 6 AS ENVISAGED KERALA CONSERVATION OF PADDY LAND Exhibit P4 AND WETLAND RULES, 2008 DATED 05.03.2024 IS PRODUCED A TRUE PHOTO OF THE PETITION SCHEDULED PROPERTY Exhibit P5 IS PRODUCED
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