Assainar Kutty vs Sub Collector, Tirur
2024 Latest Caselaw 29898 Ker

Kerala High Court

Assainar Kutty vs Sub Collector, Tirur on 22 October, 2024

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WP(C) NO. 32921 OF 2024         1            2024:KER:78310

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 TUESDAY, THE 22nd DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                  WP(C) NO. 32921 OF 2024

PETITIONER:

         ASSAINAR KUTTY, AGED 69 YEARS
         S/O CHERIYAHAMMED KUTTY, THERAMBIL HOUSE,
         KODINHI, NANNAMBRA,MALAPPURAM DISTRICT,
         PIN - 676309

         BY ADV THASNEEM A.P.


RESPONDENTS:

    1    SUB COLLECTOR, TIRUR,
         REVENUE DIVISIONAL OFFICE,
         MINI CIVIL STATION, TIRUR,
         MALAPPURAM DISTRICT, PIN - 676101

    2    AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERUMUKKU,
         TIRURANGADI,NANNAMBRA,MALAPPURAM DISTRICT,
         PIN - 676309

    3    TAHSILDAR,TIRUR,TIRURANGADI TALUK OFFICE, TIRUR,
         MALAPPURAM DISTRICT, PIN - 676309

    4    VILLAGE OFFICER,
         NANNMBRA VILLAGE OFFICE,ANUR-VENNIYUR
         ROAD,NANNAMBRA,MALAPPURAM DISTRICT, PIN - 676320

    5    LOCAL LEVEL MONITORING COMMITTEE,
         REPRESENTED BY ITS CONVENOR,NANNAMBRA KRISHI
         BHAVAN, TIRURANGADI, NANNAMBRA, MALAPPURAM,
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WP(C) NO. 32921 OF 2024         2           2024:KER:78310

         KERALA, PIN - 676301

         BY SR. GOVERNMENT PLEADER SMT. PREETHA K.K.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 32921 OF 2024             3               2024:KER:78310



                            JUDGMENT

The petitioner, stated to be the owner of the property

having an extent of 13.98 Ares of land comprised in Survey

Nos.216/11-1 and 216/8-2 of Tirurangadi Taluk, in Nannambra

Village in Malappuram District, has preferred Ext.P3 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.

Accordingly, there will be a direction to the fourth

respondent Village Officer to give sufficient inputs required

under the Act and the Rules to the first respondent Sub

Collecotr/Revenue Divisional Officer or the officer authorised

under Section 2(XVA) of the Act, within two months from today.

On receipt of the same, the Sub Collecotr/Revenue Divisional \\

WP(C) NO. 32921 OF 2024 4 2024:KER:78310

Officer or the officer authorised 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

DMR/-

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WP(C) NO. 32921 OF 2024 5 2024:KER:78310

APPENDIX OF WP(C) 32921/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY NANNAMBRA VILLAGE OFFICE DATED 01.08.2024

Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED IN OFFICIAL GAZETTE

Exhibit P3 THE TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER DATED 31.07.2024

// TRUE COPY //

P.A. TO JUDGE