C.V. Hamza Haji vs State Of Kerala
2024 Latest Caselaw 26275 Ker

Kerala High Court

C.V. Hamza Haji vs State Of Kerala on 3 September, 2024

                                                             2024:KER:66478

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
                        WP(C) NO. 26552 OF 2024

PETITIONER:

    1     C.V. HAMZA HAJI,
          AGED 66 YEARS, S/O. MUHAMMED HAJI,
          CHINAN VEETIL, VENGARA, TIRUR,
          MALAPPURAM DISTRICT, PIN - 676304

    2     C.V. SAINUL HABID,
          AGED 61 YEARS, S/O. MUHAMMED HAJI,
          CHINAN VEETIL, VENGARA, TIRUR,
          MALAPPURAM DISTRICT, PIN - 676304

          BY ADVS.
          T.P.SAJID
          K.P.MOHAMED SHAFI
          SREESHMA B. CHANDRAN
          SHIFA LATHEEF
          MUHAMMED HAROON A.N.
          HASHARURAHIMAN U.
          MOHEMED FAVAS


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION, JUMA MASJID, SH29, ERANHIPPALAM,
          KOZHIKODE DISTRICT, PIN - 673020

    3     THE TAHSILDAR,
          TALUK OFFICE, CIVIL STATION PO,
          KOZHIKODE DISTRICT, PIN - 673020
 WP(C) NO.26552 OF 2024                2




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     4      THE VILLAGE OFFICER,
            KASABA VILLAGE OFFICE, SAHKARNA BHAVAN,
            NEAR KASABA POLICE STATION,
            OPPOSITE SUB TREASURY, NEAR MAHARANI HOTEL,
            PUTHIYARA, KOZHIKODE DISTRICT, PIN - 673004

     5      THE CONVENER,
            LOCAL LEVEL MONITORING COMMITTEE &
            AGRICULTURAL OFFICER, PUTHIYARA,
            KOZHIKODE DISTRICT, PIN - 673004

     6      MAYOR,
            KOZHIKODE MUNICIPAL CORPORATION OFFICE,
            NEAR AKASHVANI, MANANCHIRA,
            KOZHIKODE DISTRICT, PIN - 673032


            BY ADV SANTHOSH KUMAR G


               SMT. AMMINIKUTTY K - SR.GP
               SRI. V. KRISHNA MENON - SC


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024,      THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.26552 OF 2024            3




                                                          2024:KER:66478


                      MOHAMMED NIAS C.P., J.
                     ==========================
                      W.P(C) No. 26552 of 2024
                     ==========================
              Dated this the 3rd day of September, 2024


                           JUDGMENT

The petitioners, stated to be the owner of the property

having an extent of 4 Ares 23.31 Sqm of land comprised in Survey

No.899/2 situated in Kozhikode Taluk, in Kasaba Village in

Kozhikode District, have preferred Ext.P5 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 petitioners submit that no

orders have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 4 th

respondent Village Officer to give sufficient inputs required under

the Act and the Rules to the 2nd respondent Revenue Divisional

Officer or the officer authorised under Section 2(XVA) of the Act,

2024:KER:66478

within one month from today. On receipt of the same, the 2 nd

respondent Revenue Divisional Officer/authorised officer will

consider Ext.P5 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 LU

2024:KER:66478

APPENDIX OF WP(C) 26552/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED OF THE PETITIONER DATED 9/7/1993

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 10/6/2024 ISSUED BY THE KASABA VILLAGE OFFICE TO THE PETITIONERS

EXHIBIT P3 TRUE COPY OF THE ADANGAL EXTRACT DATED 4/9/2023 IN SURVEY NO. 899 ISSUED BY THE KASABA VILLAGE OFFICE

EXHIBIT P4 TRUE COPY OF THE ADANGAL EXTRACT IN SURVEY NO. 901/3 ISSUED BY THE KASABA VILLAGE OFFICE DATED 4/9/2023

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 17/1/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

// True Copy // PA To Judge