Kerala High Court
Mohamed Niyas vs The State Of Kerala on 10 October, 2024
2024:KER:75890
WP(C).NO.31228/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 31228 OF 2024
PETITIONER:
MOHAMED NIYAS, AGED 38 YEARS,
S/O. ABDUL JABBAR, KULANGARA VEEDU, UROOB NAGAR,
PONNANI P.O., MALAPPURAM DISTRICT, KERALA, PIN- 679577.
BY ADVS. M/S.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, TIRUR-THRIKKANDIYOOR ROAD,
TIRUR KERALA, PIN - 676101.
4 THE DEPUTY COLLECTOR (RR),PONNANI TALUK OFFICE,
MALAPPURAM, PONNANI, KERALA, PIN - 679577.
5 THE THAHSILDAR (LR),PONNANI TALUK OFFICE, MALAPPURAM,
PONNANI, KERALA, PIN - 679577.
6 THE AGRICULTURAL OFFICER,
EZHUVATHIRUTHI KRISHIBHAVAN, PONNANI ROAD, MALAPPURAM,
PONNANI, KERALA, PIN - 679577.
2024:KER:75890
WP(C).NO.31228/2024
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7 THE VILLAGE OFFICER,
EZHUVATHIRUTHI VILLAGE OFFICE, PUNNAMED ROAD,
MALAPPURAM DISTRICT, KERALA, PIN - 679586.
8 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, EZHUVATHIRUTHI
KRISHIBHAVAN, PONNANI ROAD, MALAPPURAM, PONNANI,
KERALA, PIN - 679577.
SMT.DEVI SHRI R., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).NO.31228/2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 31228 of 2024
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Dated this the 10th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 4 ares 97.1 sq.m. of land comprised in Survey Nos. 75/2-25 and
75/2-26 in Block No.9 of Ponnani Taluk, in Ezhuvathiruthi Village in
Malappuram District, has preferred Ext.P2 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. Accordingly, there will be a direction to the 6 th respondent
Agricultural Officer to give sufficient inputs required under the Act and the
Rules to the 3rd respondent Revenue Divisional Officer or the officer
2024:KER:75890
authorised under Section 2(XVA) of the Act, within two months from today.
On receipt of the same, the 3rd respondent Revenue Divisional
Officer/authorised officer will consider Ext.P2 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
MMG
2024:KER:75890
APPENDIX OF WP(C).NO.31228/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 6TH RESPONDENT OFFICE DATED 17-04-2024
EXHIBIT P2 THE TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER DATED 18-04-2024
EXHIBIT P3 THE TRUE COPY OF THE GOVERNMENT ORDER DATED
27-06-2024 ISSUED BY THE REVENUE DEPARTMENT
KERALA
