Citation : 2024 Latest Caselaw 14553 Ker
Judgement Date : 31 May, 2024
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. 13939 OF 2024
PETITIONER:
NADEER P,
AGED 37 YEARS
S/O MOIDEEN, POILISSERY HOUSE, NADUVILANGADI, TIRUR,
MALAPPURAM, POOKAYIL BAZAR, PIN - 676107.
BY ADVS.
SHRI SADIQALI.M
SHRI SHAMNAD.E.
SHRI MOHAMED SHAFI M.
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER ,TIRUR,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, TIRUR,
MALAPPURAM DISTRICT, PIN - 676101.
2 NIRAMARUTHUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,NIRAMARUTHUR GRAMA
PANCHAYATH OFFICE, NIRAMARUTHUR,
MALAPPURAM DISTRICT, PIN - 676109.
3 VILLAGE OFFICER, NIRAMARATHUR VILLAGE,
OFFICE,NIRAMARATHUR,MALAPPURAM DISTRICT, PIN - 676109.
4 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY AGRICULTURAL OFFICER, AGRICULTURE
OFFICE, NIRAMARATHUR, MALAPPURAM, PIN - 676307.
OTHER PRESENT:
BY ADV,
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13939 of 2024
2
MOHAMMED NIAS C.P., J
===========================
W.P(C) No. 13939 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 2.63 Ares of land comprised in Survey No. 384/6-64 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 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 3 rd respondent Village Officer to
give sufficient inputs required under the Act and the Rules to the 1 st 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
LU WP(C) NO. 13939 of 2024
APPENDIX OF WP(C) 13939/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE SALE DEED DOCUMENT NO:
1604/1/2023 DATED 16.03.2023 OF SUB-REGISTRAR OFFICE TIRUR IS PRODUCED EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.02.2024 IS PRODUCED EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT WITH THE THANDAPPER NO: 2/4068 MARKING PETITIONER'S LAND AS 'NILAM' DATED 07.06.2023 IS PRODUCED EXHIBIT P4 A TRUE COPY OF THE APPLICATION PREFERRED IN FORM 6 AS ENVISAGED KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 DATED 05.03.2024 IS PRODUCED EXHIBIT P5 A TRUE PHOTO OF THE PETITION SCHEDULED PROPERTY IS PRODUCED
// True Copy // PA To Judge
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