Citation : 2024 Latest Caselaw 29617 Ker
Judgement Date : 17 October, 2024
WP(C) NO. 31890 OF 2024
1
2024:KER:77120
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 31890 OF 2024
PETITIONER:
P. MUJEEB RAHMAN,
AGED 46 YEARS
S/O LATE AVARANKUTTY HAJI,
RESIDING AT SAIBUNA MANZIL,
RAMANATTUKARA, KOZHIKODE DISTRICT,
PIN - 673631
BY ADV R.RAMADAS
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE, PIN - 673001
2 THE TAHSILDAR,
TALUK OFFICE, KOZHIKODE,
PIN - 673001
3 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICER,
RAMANATTUKARA, KOZHIKODE, PIN - 673631
OTHER PRESENT:
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31890 OF 2024
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2024:KER:77120
MOHAMMED NIAS C.P., J.
=========================
W.P(C) No. 31890 of 2024
=========================
Dated this the 17th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 56.56 Ares of land comprised in Survey Nos.443/17, 443/19,
443/25, 443/26, 443/27, 443/32, 443/8 situated in Kozhikode Taluk, in
Ramanattukara Village in Kozhikode 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 3 rd
respondent Village Officer to provide sufficient inputs required under the
Act and the Rules to the 1st respondent Revenue Divisional Officer or the WP(C) NO. 31890 OF 2024
2024:KER:77120 officer authorised under Section 2(XVA) of the Act, within one month from
today. On receipt of the same, the 1st 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
LU WP(C) NO. 31890 OF 2024
2024:KER:77120 APPENDIX OF WP(C) 31890/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.03.2024 ISSUED BY THE VILLAGE OFFICER, RAMANATTUKARA TO THE PETITIONER IN RESPECT OF THE PROPERTY
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 29.06.2024 ISSUED BY THE VILLAGE OFFICER, RAMANATTUKARA IN RESPECT OF THE PROPERTY
EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 15.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE PROFORMA - FORM 5 DATED 28.03.2024 SUBMITTED BY THE VILLAGE OFFICER, RAMANATTUKARA ALONG WITH EXT.P3
// True Copy // PA To Judge
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