Hassan C vs State Of Kerala
2024 Latest Caselaw 14480 Ker

Kerala High Court

Hassan C vs State Of Kerala on 31 May, 2024

W. P. (C) No. 13765 of 2024
                                           ..1..



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                              WP(C) NO. 13765 OF 2024
PETITIONER:

                 HASSAN C., AGED 59 YEARS,
                 S/O. C. ALAVI, CHEMMALA HOUSE, NILAMBUR,
                 CHANDAKUNNU, MALAPPURAM, PIN - 679329.

                 BY ADVS.M/S.MANSOOR ALI & BIJITH S.KHAN


RESPONDENTS:

      1          STATE OF KERALA,
                 REPRESENTED BY THE PRINCIPAL SECRETARY TO
                 REVENUE DEPARTMENT, SECRETARIAT,
                 THIRUVANANTHAPURAM, PIN - 695001.

      2          THE DISTRICT COLLECTOR, MALAPPURAM,
                 COLLECTORATE , UP HILL, MALAPPURAM, PIN -
                 676505.

      3          REVENUE DIVISIONAL OFFICER, PERITHAMANNA,
                 SHORNUR- PERINTHALMANNA ROAD, SHANTI NAGAR,
                 PERINTHALMANNA. MALAPPURAM, PIN - 679322

      4          VILLAGE OFFICER, NILAMBUR,
                 MANALODY, NILAMBUR, MALAPPURAM, PIN - 679329.

                 SMT.AMMINIKUTTY K, SR.GP


          THIS    WRIT        PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION         ON   31.05.2024,         THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 13765 of 2024
                                          ..2..




                    MOHAMMED NIAS C. P. , J.
            ======================================
                              W. P. (C) No. 13765 of 2024
            ======================================
                       Dated this the 31st day of May, 2024


                                   JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 14.66 Ares of land comprised in Re-Survey No. 276/10-2 of

Nilambur Taluk, in Nilambur Village in Malappuram District, has

preferred Ext.P3 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 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.

3. Accordingly, there will be a direction to the 4 th respondent

Village Officer to give sufficient inputs required under the Act and the

Rules to the 3rd respondent Revenue Divisional Officer within two

months from today. On receipt of the same, the 3 rd respondent Revenue

..3..

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 MMG

..4..

APPENDIX OF WP(C).NO.13765/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE IN SY.NO:276/10-2 ISSUED BY THE 4TH RESPONDENT DATED23.05.2022

EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONERS DATED NILL

EXHIBIT P3 THE TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 07.06.2022

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONERS DATED NILL