Umaimath vs Revenue Divisional Officer
2024 Latest Caselaw 14070 Ker

Kerala High Court

Umaimath vs Revenue Divisional Officer on 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. 36894 OF 2023
PETITIONER:

            UMAIMATH
            AGED 53 YEARS
            D/O. AHAMMADKUTTY, KARUHEDATH HOUSE,
            MOOTHEDAM, PAYIPADOM, NILAMBUR,
            MALAPPURAM DISTRICT, PIN - 679329
            BY ADV DEEPAK MOHAN


RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER
            PERINTHALMANNA, RDO OFFICE,
            SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR,
            PERINTHALMANNA, PIN - 679322
    2       VILLAGE OFFICER
            VILLAGE OFFICER,
            MOOTHEDAM VILLAGE OFFICE,
            MALAPPURAM DISTRICT, PIN - 679331
    3       KERALA STATE REMOTE SENSING AGENCY AND ENVIRONMENT
            CENTRE
            (KSRSEC) VIKAS BHAVAN, C BLOCK, THIRUVANANTHAPURAM,
            KERALA, REPRESENTED BY ITS DIRECTOR, PIN - 695033
OTHER PRESENT:

            SRI.VISHNU S, SC, SMT.DEVI SHRI R, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36894 OF 2023
                              2



                MOHAMMED NIAS C.P., J.
          =========================
               W.P.(C.) No. 36894 of 2023
          =========================
          Dated this the 28th day of May, 2024



                      JUDGMENT

The petitioner, stated to be the owner of property

having an extent of 20.23 Ares of land comprised in Survey

No. 1204/1-44 situated in Nilambur Taluk, Moothedam

Village, Malappuram District, challenges Ext.P3 order

passed under Form 7 of the Kerala Conservation of Paddy

Land and Wetland Act, 2008 (for short, 'the Act'). The

petitioner has an effective alternative remedy against the

impugned order in the statute under Section 27B of the

Act.

Under such circumstances, I am not inclined to

consider the writ petition on merits. Without prejudice to

any of the contentions of the petitioner, the writ petition is

closed. While challenging Ext.P3 order, invoking the

alternative remedy provided under the statute, the time WP(C) NO. 36894 OF 2023

spent from 02.11.2023 till today shall be excluded for

computing the period of limitation.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 36894 OF 2023

APPENDIX OF WP(C) 36894/2023

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.04.2022 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE REPORT DATED 14.09.2022 HAVING NO.27/2022 OF THE 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 18.11.2022 OF THE 1ST RESPONDENT

// True Copy // PA To Judge