M Musthafa vs The Revenue Divisional Officer, ...
2024 Latest Caselaw 31366 Ker

Kerala High Court

M Musthafa vs The Revenue Divisional Officer, ... on 2 November, 2024

WP(C) NO. 36271 OF 2024            1



                                              2024:KER:81537
           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. 36271 OF 2024

PETITIONER:

               M MUSTHAFA
               AGED 53 YEARS, S/O. MUHAMMED MOIDEEN,
               RESIDING AT FAREEDHA MANZIL,
               C N PURAM GARDEN, PALAKKAD DISTRICT, PIN -
               678005
               BY ADVS.
               SRI.JACOB SEBASTIAN
               SRI.WINSTON K.V
               SRI.ANU JACOB
               SRI.BHARATH KRISHNAN G.
               SMT.ARUNDHATHI SURESH BABU
RESPONDENTS:

    1          THE REVENUE DIVISIONAL OFFICER, PALAKKAD
               REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
               PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001

    2          THE VILLAGE OFFICER
               MARUTHAROAD VILLAGE OFFICE,
               MARUTHAROAD P.O, PALAKKAD DISTRICT, PIN - 678007

    3          THE AGRICULTURAL OFFICER FOR THE MARUTHAROAD
               GRAMA PANCHAYAT,
               AGRICULTURE OFFICE, MARUTHAROAD P.O,
               PALAKKAD DISTRICT, PIN - 678007

OTHER PRESENT:

               SMT.K.AMMINIKUTTY,SENIOR GOVERNMENT PLEADER
        THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION       ON   02.11.2024,       THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 36271 OF 2024        2



                                                       2024:KER:81537


                          JUDGMENT

Dated this the 02nd November, 2024

Petitioner is the owner in possession of 0.1619

hectors of land comprised in Survey Block No.38, Survey

No.192/26 in Marutharoad Village, Palakkad Taluk and

Palakkad district. The property which is a garden land

situates in a residential area which is surrounded by

houses and road. Paddy is not cultivated anywhere near

the property and paddy cultivation is impossible there. In

this circumstances, the petitioner preferred Form-5

application under Section 5(4) (i) of the Kerala

Conservation of Paddy Land and Wet Land Act,2008 on

20.07.2023 before the 1st respondent. Hence, the

petitioner approached this Court seeking an expeditious

disposal of Ext.P2 Form-5 application.

2. I have heard Sri.Jacob Sebastian learned

counsel for the petitioner and Smt.Amminikkutty.K Senior

Government Pleader for the respondents.

3. On considering the facts involved in this

2024:KER:81537 case, there can be a direction to the 1 st respondent-

Revenue Divisional Officer to consider and pass

appropriate orders within a stipulated time limit after

obtaining the report from the 3 rd respondent-Agricultural

Officer.

4. Accordingly, there will be a direction to

the 3rd respondent to furnish a report to the 1 st respondent

within a period of one month from the date of receipt of

the copy of this judgment. On receipt of such report the

1st respondent shall consider and pass appropriate orders

on Ext.P2 within a further period of two months.

Therefore, the writ petition is disposed of.

Sd/-

P.M.MANOJ JUDGE Anu

2024:KER:81537 APPENDIX OF WP(C) 36271/2024

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE THANDAPPER ACCOUNT NO. 18793 DATED 05.07.2023 ISSUED BY THE SECOND RESPONDENT.

Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED 20.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.