Kerala High Court
Sulafa vs The Revenue Divisional Officer, ... on 2 November, 2024
2024:KER:81541
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. 37858 OF 2024
PETITIONER:
SAHLA
AGED 44 YEARS
W/O. THAYYIL NOUSHAD, NEELAMBRA HOUSE,
KARUVARAKKUNDU, KARUVARAKKUNDU P.O,
MALAPPURAM DISTRICT, PIN - 676523
BY ADV K.ABOOBACKER SIDHEEQUE
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA P.O, MALAPPURAM DISTRICT, PIN -
679322
2 THE VILLAGE OFFICER
KARUVARAKKUNDU VILLAGE OFFICE, KARUVARAKKUNDU P.O,
MALAPPURAM DISTRICT, PIN - 676523
3 THE THAHASILDAR (LAND RECORDS)
TALUK OFFICE, NILAMBUR TALUK, NILAMBUR P.O,
MALAPPURAM DISTRICT, PIN - 679329
SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2024, ALONG WITH WP(C).37873/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.37858 and 37873 of 2024
2
2024:KER:81541
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. 37873 OF 2024
PETITIONER:
SULAFA
AGED 35 YEARS
W/O. MUHAMMED MUSTHAFA,
RESIDING AT KARAKKULAYAN, PULVETTA P.O,
KARUVARAKKUNDU, MALAPPURAM DISTRICT, PIN - 676523
BY ADV K.ABOOBACKER SIDHEEQUE
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA P.O, MALAPPURAM DISTRICT, PIN -
679322
2 THE VILLAGE OFFICER
KARUVARAKKUNDU VILLAGE OFFICE, KARUVARAKKUNDU
P.O, MALAPPURAM DISTRICT, PIN - 676523
3 THE THAHASILDAR (LAND RECORDS)
TALUK OFFICE, NILAMBUR TALUK, NILAMBUR P.O,
MALAPPURAM DISTRICT, PIN - 679329
SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, ALONG WITH WP(C).37858/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.37858 and 37873 of 2024
3
2024:KER:81541
P.M. MANOJ, J
-----------------------------------
W.P.(C) Nos.37858 and 37873 of 2024
------------------------------------------------
Dated this the 2nd day of November, 2024
JUDGMENT
The issues raised in both these writ petitions are similar;
hence, they are disposed of by a common judgment.
2. The petitioners are stated to be the owners of the
properties having various extents of land in Block No.155 of
Karuvarakkundu Village of Nilambur Taluk in Malappuram
District. It is stated that the properties are 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 petitioners have preferred Ext.P2
applications 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.
WP(C) Nos.37858 and 37873 of 2024
2024:KER:81541
3. The learned counsel for the petitioners submits that no
orders have been passed on the statutory applications so far.
4. I have heard learned counsel for the petitioners and the
learned Government Pleader.
5. On considering the limited nature of the prayer in these
Writ Petitions, I am of the considered opinion that Form 6
applications shall be given a logical conclusion. For that purpose,
I direct the 2nd respondent Village Officer to submit a report to
the 1st respondent with respect to the property in question
within a period of two months from the date of receipt of a
certified copy of this judgment. In the event of receipt of such
report, the 1st respondent, who is the authorised officer under
Section 2(XVA) of the Act, shall consider and pass appropriate
orders on Ext.P2 applications within a further period of five
months thereafter.
The writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sss
WP(C) Nos.37858 and 37873 of 2024
2024:KER:81541
APPENDIX OF WP(C) 37873/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 15.04.2024 ISSUED BY THE
SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION (IN FORM
NUMBER 6) DATED 22.10.2024 SUBMITTED BY
THE PETITIONER BEFORE THE FIRST
RESPONDENT U/S 27 A OF THE CONSERVATION
OF PADDY LAND AND WET LAND ACT, 2008.
WP(C) Nos.37858 and 37873 of 2024
2024:KER:81541
APPENDIX OF WP(C) 37858/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 15.04.2024 ISSUED BY THE
SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION (IN FORM
NUMBER 6) DATED 22.10.2024 SUBMITTED BY
THE PETITIONER BEFORE THE FIRST
RESPONDENT U/S 27 A OF THE CONSERVATION
OF PADDY LAND AND WET LAND ACT, 2008.
