Hameed Chemmala, S/O. Muhammed vs The Revenue Divisional ...
2024 Latest Caselaw 30522 Ker

Kerala High Court

Hameed Chemmala, S/O. Muhammed vs The Revenue Divisional ... on 25 October, 2024

                                                              2024:KER:81015
WP(C).NO.33571/2024

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                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. 33571 OF 2024

PETITIONER:

            HAMEED CHEMMALA, S/O. MUHAMMED, AGED 59 YEARS,
            CHEMMALA KATTUPARA, CHELAKKAD P.O., PERINTHALMANNA
            VILLAGE, PERINTHALMANNA TALUK,MALAPPURAM DISTRICT, PIN
            - 679323.

            BY ADVS. M/S.P.M.ZIRAJ & IRFAN ZIRAJ



RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER(R.D.O.),
            PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322.

     2      THE LOCAL LEVEL MONITORING COMMITTEE,
            CONSTITUTED UNDER THE PROVISIONS OF KERALA CONSERVATION
            OF PADDY LAND AND WET LAND ACT 2008, PERINTHALMANNA
            GRAMA PANCHAYATH, MALAPPURAM DISTRICT, REPRESENTED BY
            ITS CONVENER, AGRICULTURAL OFFICER, KRISHIBAVAN,
            PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322.
     3      AGRICULTURAL OFFICER,
            PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322.

     4      THE VILLAGE OFFICER,
            PERINTHALMANNA VILLAGE, MALAPURAM DISTRICT, PIN -
            679322.

            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:81015
WP(C).NO.33571/2024

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                         MOHAMMED NIAS C. P. , J.
                   =====================================
                         W. P. (C) No. 33571 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 4.85 ares of land comprised in Survey No. 109/5-5 of

Perinthalmanna Taluk, in Perinthalmanna 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 3rd respondent

Agricultural Officer to give sufficient inputs required under the Act and the

Rules to the 1st respondent Revenue Divisional Officer or the officer

authorised under Section 2(XVA) of the Act, within one month from today.

2024:KER:81015

On receipt of the same, the 1st 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:81015

APPENDIX OF WP(C).NO.33571/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18.4.2024 ISSUED BY THE FOURTH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.10.2023 ISSUED BY THE FOURTH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 15.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT