Sabeer vs The State Of Kerala
2024 Latest Caselaw 32392 Ker

Kerala High Court

Sabeer vs The State Of Kerala on 8 November, 2024

WP(C) NO. 35075 OF 2024        1             2024:KER:83321

          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. 35075 OF 2024

PETITIONER:

         SABEER, AGED 34 YEARS,
         S/O. HYDER ALI, VAYALILAKATH, MANNUR,
         KADALUNDI, VADAKKUMBAD, KOZHIKODE DISTRICT,
         KERALA, PIN - 673328


         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 KOZHIKODE, WAYANAD ROAD,
         CIVIL STATION, ERANHIPPALAM, KOZHIKODE,
         KERALA, PIN - 673020

    3    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE KOZHIKODE,
         CIVIL STATION, ERANHIPPALAM, KOZHIKODE,
         KERALA, PIN - 673020
 WP(C) NO. 35075 OF 2024       2                2024:KER:83321

    4    THE DEPUTY COLLECTOR (RR),
         WAYANAD ROAD, CIVIL STATION,
         ERANHIPPALAM, KOZHIKODE, KERALA,
         PIN - 673020

    5    THE TAHSILDAR (LR),
         KOZHIKODE TALUK OFFICE, WAYANAD ROAD,
         CIVIL STATION, ERANHIPPALAM, KOZHIKODE,
         KERALA, PIN - 673020

    6    THE AGRICULTURAL OFFICER,
         AGRICULTURAL OFFICE KADALUNDI,
         MANNUR,KADALUNDI,KOZHIKODE, KERALA,
         PIN - 673328

    7    THE VILLAGE OFFICER,
         KADALUNDI VILLAGE OFFICE, KADALUNDI,
         KOZHIKODE, KERALA, PIN - 673302

    8    THE LOCAL LEVEL MONITORING COMMITTEE,
         REPRESENTED BY ITS CONVENOR,
         AGRICULTURAL OFFICER, AGRICULTURAL OFFICE
         KADALUNDI, MANNUR,KADALUNDI, KOZHIKODE,
         KERALA, PIN - 673328

         SMT.PREETHA K.K., SR.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. 35075 OF 2024            3              2024:KER:83321



                           JUDGMENT

The petitioner, stated to be the owner of the property

having an extent of 3.44 Ares of land comprised in Survey No.6/67

of Kozhikode Taluk, in Kadalundi Village in Kozhikode 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.

Accordingly, there will be a direction to the seventh

respondent Village Officer to give sufficient inputs required

under the Act and the Rules to the third respondent Revenue

Divisional Officer or the officer authorised under Section 2(XVA)

of the Act, within one month from today. On receipt of the same,

the third respondent Revenue Divisional Officer/authorised WP(C) NO. 35075 OF 2024 4 2024:KER:83321

officer will consider Ext.P3 application within one month

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

DMR/-

WP(C) NO. 35075 OF 2024 5 2024:KER:83321

APPENDIX OF WP(C) 35075/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 7TH RESPONDENT OFFICE DATED 04-04-2023

Exhibit P1A THE TRUE COPY OF THE POSSESSION CERTIFICATE LAND TAX RECEIPT ISSUED BY THE 7TH RESPONDENT OFFICE DATED 28-08-2024

Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 6TH RESPONDENT DATED 27/05/2023

Exhibit P3 THE TRUE COPY OF THE FORM 6 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT RDO DATED 27-05-2023

Exhibit P3A THE TRUE COPY OF THE RECEIPT DATED 29/05/2023

Exhibit P4 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 27-06-2024 ISSUED BY THE REVENUE DEPARTMENT KERALA

// TRUE COPY //

P.A. TO JUDGE