Shameer vs The Revenue Divisional Officer
2024 Latest Caselaw 31398 Ker

Kerala High Court

Shameer vs The Revenue Divisional Officer on 2 November, 2024

                                                        2024:KER:81810
                                    1
WP(C) No.38488 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. 38488 OF 2024

PETITIONERS:

               SHAMEER,AGED 48 YEARS
               S/O. ABDUL KAREEM, PUTHUKKANATTIL HOUSE,
               ANNARA, TIRUR, MALAPPURAM DISTRICT, PIN -
               676101

               BY ADV K.RAKESH


RESPONDENTS:

    1          THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, TIRUR, MALAPPURAM
               DISTRICT, PIN - 676101

    2          THE AGRICULTURAL OFFICER
               NIRAMARUTHUR KRISHI BHAVAN,
               MALAPPURAM DISTRICT, PIN - 676109

    3          THE VILLAGE OFFICER
               NIRAMARUTHUR VILLAGE OFFICE,
               MALAPPURAM DISTRICT, PIN - 676109


OTHER PRESENT:

               SMT.AMMINIKUTTY.K,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:81810
                                 2
WP(C) No.38488 of 2024

                          JUDGMENT

Dated this the 2nd day of November, 2024

This writ petition is filed being aggrieved by the non

consideration of Ext.P1 Form-5 application, preferred by the

petitioner before the 1st respondent.

2. It is stated that the petitioner is the absolute

owner in possession of an extent of 46 Ares of land

comprised in Sy.No.154/1-2 of Niramaruthur Village, Tirur

Taluk. It is further stated that the property was converted

before the commencement of the Kerala Conservation of

Paddy Land and Wetland Act, 2008 (2008 Act). Despite that,

the property is included in the Data Bank prepared under the

Kerala Conservation of Paddy Land and Wetland Rules.

Under such circumstances, the petitioner preferred Ext.P1

application in Form No.5 under Rule 4(D) of the Rules.

However, that application was not considered by the 1 st

respondent till date. The application was submitted on

23.10.2024.

3. I have heard the learned counsel appearing for

the petitioner as well as the Government Pleader.

4. On considering the facts involved in this case, 2024:KER:81810

there will be a direction to the 2 nd respondent to give

sufficient inputs required under the Act and the Rules to the

authorised Officer under Section 2(XVA) of the Act, within

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

judgment. On receipt of the same, the the authorised officer

shall consider Ext.P1 application within six months thereafter

and pass orders strictly in terms of the Act and the Rules.

The writ petition is disposed of as above.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:81810

APPENDIX OF WP(C) 38488/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FORM NO.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 23-10-2024

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED IN NIRAMARATHUR VILLAGE