Fasil, S/O.Saidalikutty vs Revenue Divisional Officer
2024 Latest Caselaw 32116 Ker

Kerala High Court

Fasil, S/O.Saidalikutty vs Revenue Divisional Officer on 7 November, 2024

WP(C) NO. 34958 OF 2024

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                                                             2024:KER:82870

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                          WP(C) NO. 34958 OF 2024

PETITIONER:

            FASIL, S/O.SAIDALIKUTTY,
            AGED 43 YEARS
            KANHIKOTH HOUSE, MANGALAM.P.O.,
            MALAPPURAM DISTRICT, PIN - 676561


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


RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER,
            RDO OFFICE, TIRUR,TRIKANDIYUR ROAD,
            MALAPPURAM, PIN - 676101

    2       AGRICULTURE OFFICER,
            KRISHI BHAVAN, MANGALAM KRISHI BHAVAN,
            MANGALAM.P.O., MALAPPURAM DISTRICT, PIN - 676561

    3       VILLAGE OFFICER,
            MANGALAM VILLAGE OFFICE, MANGALAM.P.O.,
            MALAPPURAM DISTRICT, PIN - 676561



OTHER PRESENT:

            SMT.DEVI SHRI R.GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34958 OF 2024

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                                                           2024:KER:82870

                       MOHAMMED NIAS C.P., J
                      =========================
                       W.P(C) No. 34958 of 2024
                     ==========================
               Dated this the 7th day of November 2024


                             JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 4 Ares 4 Sq.metre of land comprised in Survey Nos.231/7D-12,

231/7D-13 of Thirur Taluk, in Mangalam Village in Malappuram District,

has preferred Ext.P3 application under Form-6 of the Kerala Conservation

of Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the

Rules) seeking change of user of the property in the data bank.

2. The learned counsel for the petitioner submits that no orders

have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 3 rd respondent

Village Officer to give sufficient inputs required under the Act and the

Rules to the 1st respondent Revenue Divisional Officer or the officer

authorised under Section 2(XVA) of the Act, within three months from

today. On receipt of the same, the 1 st respondent Revenue Divisional

Officer/authorised officer will consider Ext.P3 application within two WP(C) NO. 34958 OF 2024

2024:KER:82870

months thereafter and pass orders strictly in terms of the Act and the

Rules.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

LU WP(C) NO. 34958 OF 2024

2024:KER:82870

APPENDIX OF WP(C) 34958/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT DATED 24.06.2024 ISSUED FROM THE MANGALAM VILLAGE OFFICE

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04.09.2024 PASSED BY THE FIRST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 09.09.2024 IN FORM NO.6 UNDER KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT SUBMITTED BY THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 09.09.2024 ISSUED FROM THE MANGALAM VILLAGE OFFICE

// True Copy // PA To Judge