Abdul Salam vs The Revenue Divisional Officer
2024 Latest Caselaw 31345 Ker

Kerala High Court

Abdul Salam vs The Revenue Divisional Officer on 2 November, 2024

                                                        2024:KER:81923
                                    1
WP(C) No.38542 of 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE P.M.MANOJ

 SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA,

                                   1946

                       WP(C) NO. 38542 OF 2024

PETITIONER:

               ABDUL SALAM,AGED 47 YEARS
               S/O. SAIDALAVI THADATHIL, THADATHIL HOUSE,
               THANALOOR P.O., TIRUR TALUK, MALAPPURAM
               DISTRICT, PIN - 676307

               BY ADV K.RAKESH


RESPONDENTS:

    1          THE REVENUE DIVISIONAL OFFICER , REVENUE
               DIVISIONAL OFFICE, TIRUR, MALAPPURAM DISTRICT,
               PIN - 676307

    2          THE VILLAGE OFFICER , CHERIYAMUNDAM VILLAGE,
               MALAPPURAM DISTRICT, PIN - 676106

    3          THE AGRICULTURAL OFFICER , CHERIYAMUNDAM KRISHI
               BHAVAN, MALAPPURAM DISTRICT, PIN - 676106


OTHER PRESENT:

               SMT.K.AMMINIKUTTY.,GOVERNMENT PLEADER


        THIS    WRIT   PETITION    (CIVIL)    HAVING     COME    UP    FOR
ADMISSION       ON   02.11.2024,    THE    COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
                                                        2024:KER:81923
                                    2
WP(C) No.38542 of 2024

                            JUDGMENT

Dated this the 2nd day of November, 2024

The petitioner is stated to be the owner of the

property having an extent of 3.48 Ares of land in

sy.No.130/2-21 of Block No.2 of Cheriyamundam Village,

Tirur Taluk. It is stated that the property is not included in

the data bank. Therefore it is an unnotified land as per the

provisions of the Kerala Conservation of Paddy Land and

Wetland Act 2008. Accordingly, for utilizing the said property

for commercial purposes, the petitioner has preferred Ext.P2

application in Form-6 of the Kerala Conservation of Paddy

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

the Rules') seeking permission to use the land for any other

purposes.

2. The learned counsel for the petitioner submits that

no orders have been passed on the statutory application so

far.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader.

4. On considering the limited nature of prayer in this

writ petition, I am of the considered opinion that Form 6 2024:KER:81923

application shall be given a logical conclusion. For that

purpose, I direct the 2nd respondent to submit a report to the

1st respondent/authorised officer under Section 2(XVA) of the

Act, with respect to the property in question within a period of

two months from the date of receipt of a copy of this

judgment. In the event of receipt of such report, there will be

a direction to the 1st respondent/authorised officer to consider

and pass orders on Ext.P2 application within a further period

of six months thereafter.

The Writ Petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:81923

APPENDIX OF WP(C) 38542/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT ISSUED FROM CHERIYAMUNDAM VILLAGE ON 27-7-

Exhibit P2 A TRUE COPY OF THE FORM NO.6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 11-10-2024