Raihanath Noushad vs State Of Kerala
2024 Latest Caselaw 32758 Ker

Kerala High Court

Raihanath Noushad vs State Of Kerala on 12 November, 2024

                                             2024:KER:84618
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WP(C) No.20443 of 2020

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR. JUSTICE P.M.MANOJ

TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                 WP(C) NO. 20443 OF 2020

PETITIONERS:

    1    RAIHANATH NOUSHAD, AGED 40 YEARS
         W/O.NOUSHAD M.M., MOOTHEDAM HOUSE, MOODICKAL
         P.O., MARAMPALLY VILLAGE, ERNAKULAM DISTRICT-
         683547.

    2    NOUSHAD M.M., S/O.MUHAMMADALI, MOOTHEDAM HOUSE,
         MOODICKAL P.O., MARAMPALLY VILLAGE, ERNAKULAM
         DISTRICT-683547.

    3    THANVEER ALI M.N., S/O.NOUSHAD M.M., MOOTHEDAM
         HOUSE, MOODICKAL P.O., MARAMPALLY VILLAGE,
         ERNAKULAM DISTRICT-683547.


         BY ADV SANIL JOSE


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, REVENUE
         DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.

    2    THE REVENUE DIVISIONAL OFFICER,
         RDO OFFICE, MINI CIVILSTATION,
         MUVATTUPUZHA-686 669.

    3    THE TAHASILDAR,
         TALUK OFFICE, KUNNATHUNADU-683 543.

    4    VILLAGE OFFICER,
         VILLAGE OFFICE, MARAMPALLY,
         ERNAKULAM DISTRICT-683 547.
                                                       2024:KER:84618
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WP(C) No.20443 of 2020


    5          VAZHAKULAM GRAMA PANCHAYAT,
               VAZHAKULAM, ERNAKULAM-693105, REPRESENTED BY
               ITS SECRETARY.

    6          THE LOCAL LEVEL MONITORING COMMITTEE UNDER THE
               KERALA CONSERVATION OF PADDY LAND AND WET LAND
               ACT,2008, REPRESENTED BY ITS CONVENOR,
               AGRICULTURAL OFFICER, KRISHIBHAVAN, VAZHAKULAM,
               MARAMPALLY-683 107.


               BY ADVS.SRI.M.B.SANDEEP, SC, VAZHAKULAM GRAMA
               PANCHAYAT, ALUVA, ERNAKULAM
               SMT.K.P.SREEJA



OTHER PRESENT:

               R1 to 4 AND 6 - SRI.RAJEEV GEORGE,GOVERNMENT
               PLEADER


        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME   UP   FOR
ADMISSION       ON   12.11.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                        2024:KER:84618
                                    3
WP(C) No.20443 of 2020

                              JUDGMENT

Dated this the 12th day of November, 2024

This writ petition is preferred being aggrieved by the

delay in considering the application preferred by the

petitioners for excluding the property from the draft data

bank prepared under the Kerala Conservation of Paddy Land

and Wetland Act, 2008.

2. When the matter is taken up for consideration

today, the learned counsel for the petitioners submitted that

the petitioners do not want to pursue this writ petition.

Therefore, this writ petition is dismissed as not

pressed.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:84618

APPENDIX OF WP(C) 20443/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE SALE DEED DATED 11.8.2006 REGISTERED AS DOCUMENT NO.6149/2006 SRO PERUMBAVOOR.

EXHIBIT P2 TRUE PHOTOCOPY OF THE SETTLEMENT DEED DATED 21.3.2009 REGISTERED AS DOCUMENT NO.1077/2009 SRO PERUMBAVOOR.

EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT DATED 6.5.2020 ISSUED BY THE 4TH RESPONDENT EVIDENCING RECEIPT OF LAND TAX FOR THE YEAR 2020-21.

EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008, ISSUED BY THE AGRICULTURAL OFFICER DATED NIL.

EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION DATED 22.11.2017 SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT.

EXHIBIT P6 TRUE PHOTOCOPY OF THE RECEIPT DATED 22.11.2017 ISSUED BY THE 6TH RESPONDENT.