Sayyid Ibrahimul Khaleelul Bukari ... vs The District Collector
2024 Latest Caselaw 29251 Ker

Kerala High Court

Sayyid Ibrahimul Khaleelul Bukari ... vs The District Collector on 10 October, 2024

WP(C) NO. 26014 OF 2024           1


                                                       2024:KER:75637
                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. 26014 OF 2024

PETITIONER:

          SAYYID IBRAHIMUL KHALEELUL BUKARI THANGAL,
          AGED 53 YEARS
          S/O SAYYID AHAMED IMBICHI KOYA THANGAL,
          KIZHAKKETHANGALAKATH, KADALUNDI P.O, KOZHIKODE,
          PIN - 673302


          BY ADVS.
          RAFEEK. V.K.
          U.M.HASSAN
          NISHNA P.T.
          K.S.SUNEER
          A.LIJIMON
          NISHITHA K.N.




RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          OFFICE OF DISTRICT COLLECTOR, CIVIL STATION,
          COLLECTRATE ROAD, UP HILL, MALAPPURAM,
          PIN - 676505

    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE,
          PERINTHALMANNA ROAD,
          SHANTHI NAGAR, PERINTHALMANNA, KERALA,
          PIN - 679322

    3     THE TAHSILDAR,
          TALUK OFFICE ERANAD, TALUK OFFICE ROAD,
          VYAPPARAPADI, VELLARANGAL, MANJERI, KERALA,
          PIN - 676517
 WP(C) NO. 26014 OF 2024            2


                                                           2024:KER:75637
    4       VILLAGE OFFICER,
            VILLAGE OFFICE MANJERI,
            NEAR POLICE STATION, MANJERI VELLARANGAL,
            MANJERI, MALAPPURAM, PIN - 676517

            * ADDL. R5 IS IMPLEADED

    5       THE TAHSILDAR (LR),
            TALUK OFFICE ERANAD,
            TALUK OFFICE ROAD,
            VYAPPARAPADI, VELLARANGAL, MANJERI, MALAPPURAM -676517.

            *[ADDL. R5 IS IMPLEADED AS PER ORDER DATED 12/09/2024
            IN IA NO 1/2024 IN WP(C ) 26014/2024].




            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. 26014 OF 2024                     3


                                                                           2024:KER:75637
                                    JUDGMENT

This writ petition is filed seeking the following prayers:-

i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing 3rd respondent to consider Ext.P3 Form A application and to re fix the land tax of the property having an extent of 03.75 Ares comprised in Re- Sy. No. 52/15-6 of Manjeri Village in Eranad Taluk of Malappuram District.

ii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the Revenue Authorities to effect consequential changes in the revenue records either by correction, addition or by endorsing that the land is "purayidam" of the property having an extent of 03.75 Ares comprised in Re-Sy. No. 52/15-6 of Manjeri Village in Eranad Taluk of Malappuram District within a time frame, as fixed by this Hon'ble Court.

2. Going by the directions of the Full Bench judgment of this Court in

Revenue Divisional Officer/Sub Collector v. Jacob Boban [2024 KLT Online

2348 (F.B.)], the petitioner has to make an application under Section 27A of

the Kerala Conservation of Paddy Land and Wetland Act, 2008.

Without prejudice to the right of the petitioner to make an application

as directed by the Full Bench, this writ petition is closed.

Sd/-

MOHAMMED NIAS C.P.

JUDGE DCS

2024:KER:75637 APPENDIX OF WP(C) 26014/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED NILL

Exhibit P2 TRUE COPY OF THE KERALA LAND UTILIZATION ORDER BY THE 1ST RESPONDENT DATED 04.12.2003

Exhibit P3 TRUE COPY OF THE FORM A APPLICATION DATED 11.06.2024 ALONG WITH ITS RECEIPT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT