Citation : 2024 Latest Caselaw 30523 Ker
Judgement Date : 25 October, 2024
2024:KER:81029
WP(C).NO.33435/2024
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. 33435 OF 2024
PETITIONER:
SHUHAIB, AGED 45 YEARS,
S/O. MUHAMMED HAJI, CHANGANATH, VELIYANCODE, PAZHANJI,
MALAPPURAM DISTRICT, KERALA, PIN - 679579.
BY ADVS. M/S.SHERRY J. THOMAS, JOEMON ANTONY,
RENISH RAVEENDRAN & ANTONY NILTON REMELO
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.
6 THE AGRICULTURAL OFFICER,
VELIYANCODE, VELIYANCODE, ERAMANGALAM MALAPPURAM,
KERALA, PIN - 679587.
2024:KER:81029
WP(C).NO.33435/2024
2
7 THE VILLAGE OFFICER,
VELIYANCODE VILLAGE OFFICE, MALAPPURAM
DISTRICT,KERLALA, PIN - 679579.
8 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, VELIYANCODE, ERAMANGALAM
MALAPPURAM, KERALA,, PIN - 679587.
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:81029
WP(C).NO.33435/2024
3
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 33435 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 21.78 Ares of land comprised in Block No. 02 of Survey Nos. 230/3-
15, 230/4-15 of Ponnani Taluk, in Veliyancode 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.
3. Accordingly, there will be a direction to the 7 th respondent
Village Officer to give 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 one month from today. On receipt 2024:KER:81029
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:81029
APPENDIX OF WP(C).NO.33435/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 7TH RESPONDENT OFFICE DATED 14-12-2023
EXHIBIT P1A THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 7TH RESPONDENT OFFICE DATED 17- 12-2023
EXHIBIT P2 THE TRUE COPY OF THE LAND IDENTIFICATION DETAILS ISSUED BY THE 6TH RESPONDENT DATED 31/10/2023
EXHIBIT P3 THE TRUE COPY OF THE FORM 6 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT RDO DATED 27-12-
EXHIBIT P3A THE TRUE COPY OF THE RECEIPT DATED 27/12/2023
EXHIBIT P4 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 27-06-2024 ISSUED BY THE REVENUE DEPARTMENT KERALA
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