Chekkunni vs State Of Kerala
2024 Latest Caselaw 30493 Ker

Kerala High Court

Chekkunni vs State Of Kerala on 25 October, 2024

WP(C) NO. 33087 OF 2024         1


                                             2024:KER:79931
          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. 33087 OF 2024

PETITIONER:

            CHEKKUNNI,
            AGED 54 YEARS
            KOTTAMMAL HOUSE, PULIYAKKODE, PORUR POST,
            MALAPPURAM, PIN - 679339
            BY ADVS.
            MANSOOR ALI
            BIJITH S.KHAN
RESPONDENTS:
    1    STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         REVENUE DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2       THE DISTRICT COLLECTOR, MALAPPURAM,
            COLLECTORATE , UP HILL, MALAPPURAM, PIN - 676505

    3       REVENUE DIVISIONAL OFFICER, PERITHAMANNA,
            SHORNUR- PERINTHALMANNA ROAD, SHANTI NAGAR,
            PERINTHALMANNA. MALAPPURAM, PIN - 679322

    4       VILLAGE OFFICER PORUR,
            PORUR BLOCK, NILAMBUR THALUK, MALAPPURAM, PIN -
            679339

    5       *ADDL. R5 IS IMPLEADED

            THE AGRICULTURAL OFFICER PORUR,
            KRISHIBHAVAN, AYANIKKODE, MALAPPURAM- 679339.

            * ADDL R5 IS IMPLEADED AS PER ORDER DATED
            25.10.2024 IN I.A NO.1 OF 2024.
OTHER PRESENT:
          SRI.RIYAL DEVASSY, GP
     THIS WRIT PETITION (CIVIL)              HAVING    COME    UP    FOR
ADMISSION    ON   25.10.2024,       THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 33087 OF 2024                     2


                                                                            2024:KER:79931
                           MOHAMMED NIAS C.P., J
                  ............................................................
                           W.P.(C) No.33087 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 34.32 Ares of land comprised in Re-Survey No.8/2 and 8/3-

3 of Nilambur Taluk, in Porur Village in Malappuram District, has

preferred Exts.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. Under such circumstances, there will be a

direction to the 5th respondent Agricultural Officer to provide sufficient

inputs required under the Act and the Rules to the 3rd 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 3rd respondent Revenue Divisional Officer/authorised officer

will consider Exts.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 Anu

2024:KER:79931

APPENDIX OF WP(C) 33087/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY COMPRISED IN RE-SY.NO:8/2 AND 8/3-3 ISSUED BY THE 4TH RESPONDENT DATED 2.04.2024

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PETITIONERS PROPERTY ISSUED BY THE 4TH RESPONDENT DATED 13.08.2024

Exhibit P 3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.08.2024