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Muhammed vs The District Collector
2024 Latest Caselaw 29924 Ker

Citation : 2024 Latest Caselaw 29924 Ker
Judgement Date : 22 October, 2024

Kerala High Court

Muhammed vs The District Collector on 22 October, 2024

WP(C) NO. 32713 OF 2024          1           2024:KER:78299

          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. 32713 OF 2024

PETITIONERS:

    1    MUHAMMED, AGED 66 YEARS,
         S/o MOIDEEN KOYA HAJI, POTTAMMAL, PERINGOLAM,
         KUNNAMANGALAM, PERUVAYAL, KOZHIKKODE DISTRICT,
         PIN - 673571

    2    SAIDUTTY, AGED 57 YEARS,
         S/O. MOIDEENKOYA HAJI, POTTAMMAL, PERINGOLAM,
         PERUVAYAL, KOZHIKKODE DISTRICT, PIN - 673571


         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,
 WP(C) NO. 32713 OF 2024       2             2024:KER:78299

         PIN - 673020

    4    THE THAHSILDAR,
         KOZHIKODE TALUK OFFICE, COLLECTORATE, CIVIL
         STATION KOZHIKODE, WAYANAD ROAD, ERANHIPPALAM,
         KOZHIKODE DISTRICT, PIN - 673020

    5    THE VILLAGE OFFICER,
         PERUVAYAL VILLAGE OFFICE, PERUVAYAL,
         KOZHIKODE DISTRICT, PIN - 673008

    6    THE AGRICULTURAL OFFICER,
         PERUVAYAL KRISHI BHAVAN, POOVATTUPARAMBA P.O,
         KOZHIKODE DISTRICT, PIN - 673008


         SMT.PREETHA.K.K- SR.G.P.


     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. 32713 OF 2024            3              2024:KER:78299



                           JUDGMENT

The petitioners, stated to be the owners of the property

having an extent of 3 Ares 64.2 Sq.Meters of land comprised in

Survey No.29/21 situated in Kozhikode Taluk, in Peruvayal

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 petitioners 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.

On receipt of the same, the second respondent Revenue Divisional WP(C) NO. 32713 OF 2024 4 2024:KER:78299

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. 32713 OF 2024 5 2024:KER:78299

APPENDIX OF WP(C) 32713/2024

PETITIONERS' EXHIBITS

Exhibit-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.

KL11014107826/2024 DATED 26-06-2024

Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF PERUVAYAL GRAMA PANCHAYAT BEARING NO. A4-24006/11 DATED 17-11-2011

Exhibit-P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 29-06-2024

// TRUE COPY //

P.A. TO JUDGE

 
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