Kerala High Court
Musthafa Kalappurakandy vs The District Collector on 22 October, 2024
WP(C) NO. 32696 OF 2024 1 2024:KER:78329
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. 32696 OF 2024
PETITIONER:
MUSTHAFA KALAPPURAKANDY, AGED 68 YEARS,
S/O. MAMMADKOYA, KALAPPURAKANDY, DIAMOND HOUSE,
PURAKATIRI, THALAKKULATHUR, KOZHIKKODE DISTRICT,
PIN - 673317
BY ADV BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT,
PIN - 673020
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE,
COLLECTORATE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT,
PIN - 673020
3 THE DEPUTY COLLECTOR (RR),
COLLECTORATE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT,
PIN - 673020
4 THE THAHSILDAR, KOZHIKODE TALUK OFFICE,
COLLECTORATE, CIVIL STATION KOZHIKODE,
WP(C) NO. 32696 OF 2024 2 2024:KER:78329
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT,
PIN - 673020
5 THE VILLAGE OFFICER,
ELATHUR VILLAGE OFFICE, ELATHUR P.O, KOZHIKODE
DISTRICT, PIN - 673303
6 THE AGRICULTURAL OFFICER,
ELATHUR KRISHI BHAVAN, PUTHIYANGADY P.O,
KOZHIKODE DISTRICT, PIN - 673021
BY GOVERNMENT PLEADER SMT. DEVI SHRI. R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 32696 OF 2024 3 2024:KER:78329
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 16 Ares 72.55 sq.Meters of land comprised in
Survey Nos. 18/247 and 18/248 situated in Kozhikode Taluk, in
Elathur 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.
Under such circumstances, there will be a direction to
the sixth respondent Agricultural Officer to provide sufficient
inputs required under the Act and the Rules to the second
respondent Revenue Divisional Officer or the officer authorised
under Section 2(XVA) of the Act, within two months from today.
WP(C) NO. 32696 OF 2024 4 2024:KER:78329
On receipt of the same, the second 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
DMR/-
WP(C) NO. 32696 OF 2024 5 2024:KER:78329
APPENDIX OF WP(C) 32696/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL11010704682/2024 FOR THE PERIOD OF
2024-2025 DATED 29/04/2024
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PUBLISHED DATA BANK OF KOZHIKODE
MUNICIPAL CORPORATION BEARING NO.
TP13/9/96210/11 DATED 19-02-2021
Exhibit-P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 15-06-2024
// TRUE COPY //
P.A TO JUDGE
