Kunjimoideen Kutty, S/O. ... vs The State Of Kerala, Represented By
2024 Latest Caselaw 32364 Ker

Kerala High Court

Kunjimoideen Kutty, S/O. ... vs The State Of Kerala, Represented By on 8 November, 2024

WP(C) NO. 35118 OF 2024

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                                                       2024:KER:83398

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                        WP(C) NO. 35118 OF 2024

PETITIONER:

          KUNJIMOIDEEN KUTTY,
          S/O. HYDRUMANKUTTY,
          AGED 64 YEARS
          KOTTAMPARA HOUSE,EDAYUR P.O,
          MALAPPURAM DISTRICT, KERALA, PIN - 676552


          BY ADVS.
          SHERRY J. THOMAS
          JOEMON ANTONY
          ANTONY NILTON REMELO
          ANJANA P.V.


RESPONDENTS:

    1     THE STATE OF KERALA, REPRESENTED BY
          THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE MALAPPURAM, CONFERENCE HALL COLLECTORATE
          ROAD, UP HILL MALAPPURAM DISTRICT, KERALA, PIN - 676505

    3     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE PERINTHALMANNA, SHORNUR-
          PERINTHALMANNA ROAD, SHANTHI NAGAR, PERINTHALMANNA,
          MALAPPURAM, KERALA, PIN - 679322

    4     THE TAHSILDAR (LR),
          PERINTHALMANNA TALUK OFFICE, SHORNUR- PERINTHALMANNA
          ROAD, SHANTHI NAGAR, PERINTHALMANNA, MALAPPURAM,
          KERALA, PIN - 679322

    5     THE AGRICULTURAL OFFICER,
 WP(C) NO. 35118 OF 2024

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                                                           2024:KER:83398

            PUZHAKKATTIRI AGRICULTURE OFFICE, PUZHAKKATTIRI
            MALAPPURAM, KERALA, PIN - 679321

    6       THE VILLAGE OFFICER,
            PUZHAKKATTIRI VILLAGE OFFICE,
            KOTTAKKAL-PERINTHALMANNA ROAD,AKAYILPADI,
            PUZHAKKATTIRI MALAPPURAM, KERALA, PIN - 679321

    7       THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
            PUZHAKKATTIRI AGRICULTURE OFFICE, PUZHAKKATTIRI
            MALAPPURAM, KERALA, PIN - 679321



OTHER PRESENT:

            SMT.DEVI SHRI R., GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35118 OF 2024

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                                                           2024:KER:83398


                        MOHAMMED NIAS C.P., J
                       =========================
                        W.P(C) No. 35118 of 2024
                      ==========================
                Dated this the 8thday of November, 2024


                             JUDGMENT

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

extent of 22 Ares 64 Sq.metre of land comprised in Survey No.24/5-2 of

Perinthalmanna Taluk, in Puzhukkattari 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 petitioners submits that no

orders have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 6th

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 3rd respondent Revenue Divisional Officer or the

officer authorised under Section 2(XVA) of the Act, within two months

from today. On receipt of the same, the 2nd respondent Revenue

Divisional Officer/authorised officer will consider Ext.P3 application WP(C) NO. 35118 OF 2024

2024:KER:83398

within two 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. 35118 OF 2024

2024:KER:83398

APPENDIX OF WP(C) 35118/2024

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 6TH RESPONDENT OFFICE DATED 15-02-2024

EXHIBIT P1A THE TRUE COPY OF THE POSSESSION CERTIFICATE LAND TAX RECEIPT ISSUED BY THE 6TH RESPONDENT OFFICE DATED 20-02-2024

EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGE LAND IDENTIFICATION

EXHIBIT P3 THE TRUE COPY OF THE FORM 6 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT RDO DATED 21-03-

                //    True Copy   //    PA To Judge