Moidheenkutty vs Revenue Divisional Ooficer ,Tirur
2024 Latest Caselaw 26752 Ker

Kerala High Court

Moidheenkutty vs Revenue Divisional Ooficer ,Tirur on 5 September, 2024

                                                             2024:KER:67369

                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. 28649 OF 2024

PETITIONER:

          MOIDHEENKUTTY,
          AGED 68 YEARS, S/O BEERAAN ACHIPRA,
          VALAPPIL HOUSE, PUDUPALLI P.O , PURATHUR,
          MALAPPURAM, KERALA, PIN - 676102

          BY ADVS.
          SADIQALI.M
          MOHAMED SHAFI M.
          NAZRIYA NOUSHAD
          SHAMNAD.E.


RESPONDENTS:

    1     REVENUE DIVISIONAL OOFICER ,TIRUR,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          TIRUR,MALAPPURAM DISTRICT, PIN - 676101

    2     PURATHUR GRAMA PANJAYATH,
          REPRESENTED BY ITS SECRETORY,
          PURATHUR GRAMA PANJAYATH OFFICE,PURATHUR,
          MALAPPURAM DISTRICT, KERALA, PIN - 676102

    3     VILLEGE OFFICER,
          PURATHUR VILLEGE, VILLEGE OFFICE,PURATHUR,
          MALAPPURAM DISTRICT, PIN - 676102

    4     LOCAL LEVEL MONITORING COMMITTEE,
          REPRESENTED BY AGRICULTURAL OFFICER,AGRICULTURE
          OFFICE,PURATHUR,MALAPPURAM DISTRICT, PIN - 676102
 WP(C) NO.28649 OF 2024                2




                                                                2024:KER:67369



             R1, R3 & R4 BY SMT.PREETHA K.K., SENIOR GOVERNMENT
             PLEADER
             R2 BY SRI. ADV. MANOJ RAMASWAMY, STANDING COUNSEL


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024,      THE     COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.28649 OF 2024              3




                                                              2024:KER:67369



                       MOHAMMED NIAS C.P., J.
                 ==========================
                       W.P(C) No. 28649 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 4.76 Ares of land comprised in Survey No.281/13-5 of Tirur

Taluk, in Purathur Village in Malappuram District, has preferred Ext.P4

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 3rd respondent

Village 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. On receipt of the same, the 1st respondent Revenue Divisional

Officer/authorised officer will consider Ext.P4 application within two

2024:KER:67369

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:67369

APPENDIX OF WP(C) 28649/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF DOCUMENT NO: 1786/2023 DATED 18.05.2023 OF SUB-REGISTRAR OFFICE KODAKKAL ,TIRUR IS PRODUCED .

EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.11.2023 IS PRODUCED .

EXHIBIT P3                  A TRUE COPY OF THE LAND TAX RECEIPT WITH
                            THE    THANDAPPER   NO:   1174   MARKING

PETITIONER'S LAND AS 'GARDEN LAND' DATED 04-07-2023 IS PRODUCED .

EXHIBIT P4 A TRUE COPY OF THE APPLICATION WITH RECEIPT PREFERRED IN FORM 6 APPLICATION WITH RECEIPT AS ENVISAGED KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 DATED 08.01.2024 IS PRODUCED.

EXHIBIT P5 A TRUE PHOTO OF THE PETITION SCHEDULED PROPERTY IS PRODUCED.