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Shuhaib vs The State Of Kerala
2024 Latest Caselaw 30523 Ker

Citation : 2024 Latest Caselaw 30523 Ker
Judgement Date : 25 October, 2024

Kerala High Court

Shuhaib vs The State Of Kerala on 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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