Hassan vs Revenue Divisional Officer
2024 Latest Caselaw 31413 Ker

Kerala High Court

Hassan vs Revenue Divisional Officer on 2 November, 2024

                                                       2024:KER:81616
                                    1
WP(C) No.38468 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. 38468 OF 2024

PETITIONERS:
         HASSAN, AGED 60 YEARS
         S/O. RAYINKUTTY.CHERATHODI HOUSE, P.O.
         OLAVATTUR.MALAPPURAM, PIN - 673637

               BY ADVS.
               RANJITH C.
               V.GANGADHARAN
               BINJO ANDREWS
               SHINY GEORGE MEKKATTUKULAM
               KIRAN JOHNY
               SEBI S. RAJ


RESPONDENTS:
    1    REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE PERINTHALMANA,
         PERINTHALMANA.MALAPPURAM, PIN - 679322

    2          VILLAGE OFFICER , PULIKKAL VILLAGE OFFICE ,
               MALAPPURAM, PIN - 673637

    3          AGRICULTURAL OFFICER,
               PULIKKAL KRISHIBHAVAN ,MALAPPURAM, PIN - 673637


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:81616
                                 2
WP(C) No.38468 of 2024

                          JUDGMENT

Dated this the 2nd day of November, 2024

This writ petition is filed being aggrieved by the non

consideration of Ext.P3, 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 12.00 Ares of land

comprised in Re.Sy.No.260/3-4 of Pulikkal Village, Kondotty

Taluk, Malappuram District. 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.P3 application in Form No.5 under Rule 4(D) of

the Rules. However, that application was not considered by

the 1st respondent till date. The application was submitted on

15.10.2024.

3. I have heard the learned counsel appearing for

the petitioner as well as the Government Pleader.

4. On considering the special circumstances raised in 2024:KER:81616

the 2nd prayer, there will be a direction to the 3 rd 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.P3 application within four 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:81616

APPENDIX OF WP(C) 38468/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT NO. KL10071014085/2024 DATED 30/09/2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 A. TRUE COPY OF RELEVANT PAGES OF DATABANK DATED NIL ISSUED BY THE 3RD RESPONDENT

Exhibit P3 A TRUE COPY OF FORM.5 APPLICATION NO.21/2024/970584 DATED 15/10/2024 SUBMITTED BEFORE THE 1ST RESPONDENT