Rahiyanath vs Revenue Divisional Officer,Tirur,L
2024 Latest Caselaw 32402 Ker

Kerala High Court

Rahiyanath vs Revenue Divisional Officer,Tirur,L on 8 November, 2024

WP(C) NO. 35361 OF 2024

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                                                             2024:KER:83365

                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. 35361 OF 2024

PETITIONER:

            RAHIYANATH,
            AGED 47 YEARS
            W/O.SIDDIQUE, PULLAT (HO),VAILATHUR,
            PONMUNDAM, TIRUR, MALAPPURAM DIST.,, PIN - 676104


            BY ADVS.
            M.DEVESH
            M.ANUROOP
            MURSHID ALI M.


RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER,TIRUR,L
            REVENUE DIVISIONAL OFFICE,
            MINI CIVIL STATION, TIRUR, PIN - 676101

    2       VILLAGE OFFICER,
            PONMUNDAM VILLAGE OFFICE,CHEIYAMUNDAM,
            PONMUNDAM, MALAPPURAM DIST, PIN - 676106



OTHER PRESENT:

            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. 35361 OF 2024

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                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 35361 of 2024
                      =========================
              Dated this the 08th day of November, 2024


                             JUDGMENT

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

extent of 3 Ares 94.6 square meter of land comprised in Survey No.18/5-7

situated in Tirur Taluk, in Ponmundam Village in Malappuram District,

has preferred Ext.P4 application under Form 5 of the Kerala Conservation

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

Rules) seeking deletion of the property from the databank.

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

have been passed on the statutory application so far.

3. Under such circumstances, there will be a direction to the 2 nd

respondent Village Officer to provide 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 two months

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

Officer/authorised officer will consider Ext.P4 application within two WP(C) NO. 35361 OF 2024

2024:KER:83365

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. 35361 OF 2024

2024:KER:83365

APPENDIX OF WP(C) 35361/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 1634/2024 DATED 28/05/2024 ON THE FILES OF KALPAKANCHERY SUB REGISTER OFFICE

EXHIBIT P2 TRUE COPY OF LAND RECIPECT ISSUED BY THE PONMUNDAM VILLAGE DATED 24/06/2024

EXHIBIT P3 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PETITIONER ISSUED BY THE PONMUNDAM VILLAGE

EXHIBIT P4 TRUE COPY OF APPLICATION NO 74/2024/20474 DATED 04/07/2024 IN FORM 5 SUBMITTED BEFORE THE 1ST RESPONDENT

// True Copy // PA To Judge