Kuthubuzzaman Educational Society vs Deputy Collector (Land Acquisition)
2024 Latest Caselaw 31415 Ker

Kerala High Court

Kuthubuzzaman Educational Society vs Deputy Collector (Land Acquisition) on 2 November, 2024

                                                        2024:KER:82145
                                    1
WP(C) No.38602 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. 38602 OF 2024

PETITIONER:

               KUTHUBUZZAMAN EDUCATIONAL SOCIETY
               CHEMMAD, TIRURANGADI MALAPPURAM, REP. BY ITS
               SECRETARY., PIN - 676306

               BY ADVS.
               U.K.DEVIDAS
               S.K.SREELAKSHMY


RESPONDENTS:

    1          DEPUTY COLLECTOR (LAND ACQUISITION),
               COLLECTORATE, UP HILL. P.O., MALAPPURAM
               DISTRICT, PIN - 676505

    2          AGRICULTURE OFFICER, KRISHI BHAVAN, TIRURANGADI
               P.O. MALAPPURAM DISTRICT, PIN - 676306

    3          VILLAGE OFFICER, TIRURANGADI VILLAGE OFFICE,
               TIRURANGADI P.O. MALAPPURAM DISTRICT, PIN -
               676306


               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:82145
                                      2
WP(C) No.38602 of 2024

                               JUDGMENT

Dated this the 2nd day of November, 2024

The petitioner is stated to be the owner of the

properties having an extent of 46.10 Ares of lands in

sy.No.305/1-A-3 & 313/3-3 in Tirurangadi Village, Tirurangadi

Taluk. It is stated that the property is included as "Nilam" in

the revenue records. Accordingly, for utilizing the said

property for commercial purposes, the petitioner has

preferred Ext.P3 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

application shall be given a logical conclusion. For that 2024:KER:82145

purpose, I direct the 3rd 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.P3 application within a further period

of four months thereafter.

The Writ Petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:82145

APPENDIX OF WP(C) 38602/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 18/05/2024 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK IN RESPECT OF THE PROPERTY OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 13.09.2024 IN FORM 6 UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008

Exhibit P4 TRUE COPY OF THE FEE RECEIPT DATED 13.09.2024 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT