Suhara K. P vs Revenue Divisional Officer
2024 Latest Caselaw 29096 Ker

Kerala High Court

Suhara K. P vs Revenue Divisional Officer on 10 October, 2024

WP(C) NO. 31122 OF 2024          1


                                                   2024:KER:75609
              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. 31122 OF 2024

PETITIONER:

            SUHARA K. P,
            AGED 55 YEARS
            W/O. ALI, KOLLATH PARAMBIL,
            NORTH B.P. ANGADI, THALAKKAD, TIRUR,
            MALAPPURAM DISTRICT, PIN - 676102


            BY ADVS.
            K.P.SUDHEER
            BHAVANA J. MENON



RESPONDENTS:

     1      REVENUE DIVISIONAL OFFICER,
            TIRUR, REVENUE DIVISIONAL OFFICE,
            TIRUR, MALAPPURAM DISTRICT, PIN - 676101

     2      AGRICULTURAL OFFICER,
            KRISHI BHAVAN, THRIPRANGODE, TIRUR,
            MALAPPURAM DISTRICT, PIN - 676108

     3      VILLAGE OFFICER,
            THRIPRANGODE VILLAGE, ALATHIYUR,
            MALAPPURAM DISTRICT, PIN - 676102


            BY 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:
 WP(C) NO. 31122 OF 2024         2


                                                             2024:KER:75609
                                JUDGMENT

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

extent of 14.40 ares comprised in Survey Nos. 87/1-10, 87/1-9 and 87/1-8

of Thriprangode Village, Tirur Taluk of Malappuram District, has

preferred Ext.P3 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 Agricultural 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

one month from today. On receipt of the same, the 1 st respondent

Revenue Divisional Officer/authorised officer will consider Ext.P3

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 DCS

2024:KER:75609

APPENDIX OF WP(C) 31122/2024

PETITIONER EXHIBITS

EXHIBIT P 1 TRUE COPY OF SALE DEED DATED 16/07/2016 REGISTERED AS DOCUMENT NO. 2673/2016 OF KODAKKAL SRO, EXECUTED BY MUHAMMED ALIAS KUNHIMON AND OTHERS IN FAVOUR OF THE PETITIONER

EXHIBIT P 2 TRUE COPY OF LATEST BASIC TAX RECEIPT BEARING NO. KL10042811650/2024 DATED 28/08/2024 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P 3 TRUE COPY OF APPLICATION DATED 24/01/2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT IN FORM 5 AS PRESCRIBED IN RULE 4 (4D) OF THE RULES MADE UNDER ACT 28 OF 2008

EXHIBIT P 4 TRUE COPY OF THE RECEIPT BEARING NO. KL 10042800837/2024 DATED 24/01/2024 ISSUED BY THE 3RD RESPONDENT.