Shaik Abdul Hakeem vs State Of Kerala
2024 Latest Caselaw 28874 Ker

Kerala High Court

Shaik Abdul Hakeem vs State Of Kerala on 3 October, 2024

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WP(C) NO. 30208 OF 2024

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                                                       2024:KER:73338
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                        WP(C) NO. 30208 OF 2024

PETITIONER:

          SHAIK ABDUL HAKEEM,
          AGED 46 YEARS
          S/O.LATE ABDUL AZEEZ, THAZHUPURATH HOUSE, 9/327,
          VATTATHOOR, CERUVAYUR PO, MALAPPURAM DISTRICT,
          PIN - 673645

          BY ADVS.
          K.MOHANAKANNAN
          A.R.PRAVITHA


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT REVENUE
          DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001

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

    3     THE REVENUE DIVISIONAL OFFICER,
          SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR,
          PERINTHALMANNA, KERALA, PIN - 679322

    4     LOCAL LEVEL MONITORING COMMITTEE,
          VAZHAKKAD, REPRESENTED BY AGRICULTURAL OFFICER,
          KRISHI BHAVAN VAZHAKKAD, MALAPPURAM, PIN - 673640

    5     THE VILLAGE OFFICER,
          VAZHAKKAD VILLAGE OFFICE,
          KOZHIKKODE-EDAVANNAPPARA-AREEKODE ROAD,
          VAZHAKKAD, MALAPPURAM DISTRICT,
          PIN - 673640
                                                                           22
WP(C) NO. 30208 OF 2024

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                                                           2024:KER:73338


            SMT.DEVI SHRI R., GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                          33
WP(C) NO. 30208 OF 2024

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                                                           2024:KER:73338
                       MOHAMMED NIAS C.P., J.
                       =========================
                        W.P(C) No. 30208 of 2024
                       =========================
                Dated this the 03rd day of October, 2024


                             JUDGMENT

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

extent of 4.4 Ares of land comprised in Survey No.434/8-12 situated in

Kondotty Taluk, in Vazhakkadu 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 4 th

respondent Agricultural Officer to provide 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 3 rd respondent

Revenue Divisional Officer/authorised officer will consider Ext.P4

WP(C) NO. 30208 OF 2024

2024:KER:73338 application 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. 30208 OF 2024

2024:KER:73338

APPENDIX OF WP(C) 30208/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO,787/1/21 DATED 3/4/2021 OF SRO, VAZHAKKAD

EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO.198/1/22 DATED 24/1/2022 OF SRO,VAZHAKKAD

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, DATED 1-8-2024

EXHIBIT P4 TRUE COPY OF FORM 5 APPLICATION NO.

9/2024/993974 SUBMITTED BY THE PETITIONER ON 01.08.2024 FOR SY NO. 434/8-12

EXHIBIT P5 TRUE COPY OF FORM 5 APPLICATION NO.

8/2024/993974 SUBMITTED BY THE PETITIONER ON 01.08.2024 FOR SY NO.434/10-1

// True Copy // PA To Judge