Hassan Abdul Rahman @ Hadad vs State Of Kerala
2024 Latest Caselaw 26655 Ker

Kerala High Court

Hassan Abdul Rahman @ Hadad vs State Of Kerala on 5 September, 2024

                                                             2024:KER:67353

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                        WP(C) NO. 27477 OF 2024

PETITIONER:

          HASSAN ABDUL RAHMAN @ HADAD,
          AGED 64 YEARS, S/O SAID HADAD ATTAKOYA THANGAL,
          RESIDING AT KODAMBIYAKATHU HOUSE, ATHALOOR P.O,
          MATHOOR, PONNANI TALUK, MALAPPURAM DISTRICT,
          PIN - 679573

          BY ADV J.R.PREM NAVAZ


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY, DEPARTMENT OF AGRICULTURE,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

    2     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER AT TIRUR-
          THRIKANDIYOOR RD, TIRUR TALUK, MALAPPURAM DISTRICT,
          PIN - 676101

    3     THAHSILDAR,
          TALUK OFFICE PONNANI OFFICE AT OLD NH 17,
          MALAPPURAM, PONNANI, KERALA, PIN - 679577

    4     THE VILLAGE OFFICER,
          THAVANUR VILLAGE OFFICE, THAVANUR - AYANKALAM ROAD,
          PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679573

    5     THE TALUK SURVEYOR,
          PONNANI, TALUK OFFICE, PONNANI,
          PONNANI NAGARAM P.O, MALAPPURAM DISTRICT,
          PIN - 679583
 WP(C) NO.27477 OF 2024                2




                                                            2024:KER:67353


     6       THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, THAVANUR., P.O THAVANUR PONNANI
             TALUK, MALAPPURAM DISTRICT, PIN - 679573




             BY SMT.PREETHA K.K., SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024,      THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.27477 OF 2024               3




                                                              2024:KER:67353




                       MOHAMMED NIAS C.P., J.
                 ==========================
                       W.P(C) No. 27477 of 2024
                 ==========================
                Dated this the 5th day of September, 2024


                             JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 16.67 Ares of land comprised in Survey Nos.302/1-3 and 305/1-

3 of Ponnani Taluk, in Thavanoor Village in Malappuram District, has

preferred Ext.P2 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 4th 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, within two months from

today. On receipt of the same, the 2nd respondent Revenue Divisional

Officer/authorised officer will consider Ext.P2 application within two

2024:KER:67353

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

DCS

2024:KER:67353

APPENDIX OF WP(C) 27477/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 4TH RESPONDENT DATED 25/6/2024

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN FORM-6 DATED 27/6/2024