Sainaba vs Sub Collector,Tirur
2024 Latest Caselaw 29944 Ker

Kerala High Court

Sainaba vs Sub Collector,Tirur on 22 October, 2024

WP(C) NO. 32775 OF 2024         1            2024:KER:78333

          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. 32775 OF 2024

PETITIONER:

         SAINABA, AGED 58 YEARS,
         D/O MOOSA HAJI, MOOZHIKKAL HOUSE, ERUKULAM,
         KODINJI, NANNAMBRA, MALAPPURAM DISTRICT,
         PIN - 676309


         BY ADV THASNEEM A.P.
RESPONDENTS:

    1    SUB COLLECTOR,TIRUR,
         REVENUE DIVISIONAL OFFICE,
         MINI CIVIL STATION, TIRUR, 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,
         NANNAMBRA VILLAGE OFFICE,ANUR-VENNIYUR
         ROAD,NANNAMBRA,MALAPPURAM DISTRICT,
         PIN - 676320
 WP(C) NO. 32775 OF 2024       2             2024:KER:78333


    5    LOCAL LEVEL MONITORING COMMITTEE,
         REPRESENTED BY ITS CONVENER,
         NANNAMBRA KRISHI BHAVAN, TIRURANGADI,NANNAMBRA,
         MALAPPURAM DISTRICT, PIN - 676309


         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:
 WP(C) NO. 32775 OF 2024             3               2024:KER:78333



                            JUDGMENT

The petitioner, stated to be the owner of the property

having an extent of 19.12 Ares of land comprised in Survey

Nos.216/11-5, 216/12-1, 216/7-8 and 216/8-1 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 Collector

or the officer authorised under Section 2(XVA) of the Act, within

two months from today. On receipt of the same, the first

respondent Sub Collector/authorised officer will consider Ext.P3 WP(C) NO. 32775 OF 2024 4 2024:KER:78333

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. 32775 OF 2024 5 2024:KER:78333

APPENDIX OF WP(C) 32775/2024

PETITIONER's EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY NANNAMBRA VILLAGE OFFICE DATED 06.03.2024

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 06.03.2024

// TRUE COPY //

P.A. TO JUDGE