Citation : 2024 Latest Caselaw 30418 Ker
Judgement Date : 25 October, 2024
2024:KER:81032
WP(C).NO.33431/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 33431 OF 2024
PETITIONER:
ABDUSSAKKIR, AGED 50 YEARS,
S/O.KUNHI AHAMMED KUTTY,KONGANAM HOUSE, COURT ROAD,
PONNANI NAGARAM, MALAPPURAM DISTRICT, KERALA, PIN -
679583.
BY ADVS. M/S.SHERRY J. THOMAS, JOEMON ANTONY,
ANTONY NILTON REMELO & ANJANA P.V.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR,COLLECTORATE, MALAPPURAM,
CONFERENCE HALL COLLECTORATE ROAD, UP HILL MALAPPURAM
DISTRICT, KERALA, PIN - 676505.
3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, TIRUR -THRIKKANDIYOOR ROAD,
TIRUR KERALA, PIN - 676101.
4 THE DEPUTY COLLECTOR (RR),PONNANI TALUK OFFICE,
MALAPPURAM, PONNANI, KERALA,, PIN - 679577.
5 THE THAHSILDAR (LR),PONNANI TALUK OFFICE, MALAPPURAM,
PONNANI, KERALA,, PIN - 679577.
2024:KER:81032
WP(C).NO.33431/2024
2
6 THE AGRICULTURAL OFFICER,
EZHUVATHIRUTHI KRISHIBHAVAN, PONNANI ROAD, MALAPPURAM,
PONNANI, KERALA, PIN - 679577.
7 THE VILLAGE OFFICER,
EZHUVATHIRUTHI VILLAGE OFFICE, PUNNAMED ROAD,
MALAPPURAM DISTRICT, KERALA, PIN - 679586.
8 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, EZHUVATHIRUTHI
KRISHIBHAVAN, PONNANI ROAD, MALAPPURAM, PONNANI,
KERALA,, PIN - 679577.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81032
WP(C).NO.33431/2024
3
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 33431 of 2024
=====================================
Dated this the 25th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 58.62 ares of land comprised in Block No. 10 in Survey Nos.
106/7-1, 106/4A-1 of Ponnani Taluk, in Ezhuvathiruthi Village in
Malappuram 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.
3. Accordingly, there will be a direction to the 6 th respondent
Agricultural Officer to give sufficient inputs required under the Act and the
Rules to the 3rd respondent Revenue Divisional Officer or the officer 2024:KER:81032
authorised under Section 2(XVA) of the Act, within two months from today.
On receipt of the same, the 3rd 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 MMG 2024:KER:81032
APPENDIX OF WP(C).NO.33431/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 7TH RESPONDENT OFFICE DATED 11-05-2024
EXHIBIT P4 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 27-06-2024 ISSUED BY THE REVENUE DEPARTMENT KERALA
EXHIBIT P2 THE TRUE COPY OF THE EXTRACT OF DATA BANK ISSUED FROM THE OFFICE OF 6TH RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 25-06-2024
EXHIBIT P3A THE TRUE COPY OF THE RECEIPT DATED 25-06-2024
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