Rafeeque K.P vs The Revenue Divisional Officer, ...
2024 Latest Caselaw 29633 Ker

Kerala High Court

Rafeeque K.P vs The Revenue Divisional Officer, ... on 17 October, 2024

WP(C) NO. 31935 OF 2024
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                                                             2024:KER:77125
                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. 31935 OF 2024

PETITIONER:

            RAFEEQUE K.P.,
            AGED 47 YEARS
            S/O MUHAMMED KUTTY, KOYAPPATHODI PUTHIYEDATH,
            CHERUVAYUR P.O., MALAPPURAM, PIN - 673645

            BY ADVS.
            K.SHIBILI NAHA
            A.LOWSY
            SRINATH C.V.
            GAYATHRI RAJAGOPAL


RESPONDENTS:


    1       THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,
            SHORNUR-PERINTHALMANNA RD, SHANTI NAGAR,
            PERINTHALMANNA, KERALA, PIN - 679322

    2       THE DEPUTY COLLECTOR,
            COLLECTORATE, CIVIL STATION,
            MALAPPURAM, PIN - 676505

    3       THE VILLAGE OFFICER, VAZHAKKAD,
            KOZHIKKODE-EDAVANNAPPARA-AREEKODE ROAD,
            VAZHAKKAD, KERALA, PIN - 673640


OTHER PRESENT:

            SMT.PREETHA K.K., SR.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. 31935 OF 2024
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                                                               2024:KER:77125

                         MOHAMMED NIAS C.P., J
                        ==========================
                         W.P(C) No. 31935 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 12.14 Ares of land comprised in Survey No.210/4-1 of Kondotti

Taluk, in Vazhakkad Village in Malappuram District, has preferred Ext.P4

application under Form-6 of the Kerala Conservation of Paddy Land and

Wetland Act and Rules, 2008, (for short, the Act and the Rules) seeking

change of user of the property in the data bank.

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 3 rd

respondent Village Officer to give 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 1st respondent Revenue Divisional WP(C) NO. 31935 OF 2024

2024:KER:77125

Officer/authorised officer will consider Ext.P4 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. 31935 OF 2024

2024:KER:77125

APPENDIX OF WP(C) 31935/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17/01/2024 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT DATED 23/08/2024 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE 3RD RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 14/02/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE CHALLAN/RECEIPT DATED 14/02/2024 EVIDENCING PAYMENT OF NECESSARY FEES REQUIRED FOR PROCESSING EXT P4 APPLICATION

// True Copy // PA To Judge