Muhammed P vs Revenue Divisional Officer,Tirur
2024 Latest Caselaw 27474 Ker

Kerala High Court

Muhammed P vs Revenue Divisional Officer,Tirur on 11 September, 2024

W. P. (C) No. 28633 of 2024
                                   -1-

                                                 2024:KER:69376
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,

                                  1946

                         WP(C) NO. 28633 OF 2024

PETITIONER/S:

             MUHAMMED P.,
             AGED 55 YEARS
             S/O IBRAHEEMKUTTY,POTTACHOLA HOUSE, ALATHIYOOR
             P.O,MALAPPURAM, PIN - 676102


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




RESPONDENT/S:

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

     2       TRIPRANGODE GRAMA PANJAYATH,
             REPRESENTED BY ITS SECRETORY,TRIPRANGODE GRAMA
             PANJAYATH,TRIPRANGODE ,MALAPPURAM DISTRICT, PIN -
             676108

     3       VILLEGE OFFICER,TRIPRANGODE VILLEGE,
             VILLEGE OFFICE,TRIPRANGODE,MALAPPURAM DISTRICT,
             PIN - 676108

     4       LOCAL LEVEL MONITORING COMMITTEE,
             REPRESENTED BY AGRICULTURAL OFFICER ,AGRICULTURE
             OFFICE,TRIPRANGODE,MALAPPURAM DISTRICT, PIN -
             676108
 W. P. (C) No. 28633 of 2024
                                   -2-

                                                      2024:KER:69376
OTHER PRESENT:

              SMT.PREETHA K.K., SR.GP


       THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    11.09.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 28633 of 2024
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                                                          2024:KER:69376
                                  JUDGMENT

The petitioner, stated to be the owner of the property

having an extent of 2 Ares 80 Sq. Meter of land comprised in Survey

No. 196/18-1, 196/18-2 of Tirur Taluk, in Tripangode 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.

Accordingly, there will be a direction to the 3 rd 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 two

months from today. On receipt of the same, the 1 st respondent

Revenue Divisional Officer/authorised officer will consider Ext.P4

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 Eb

2024:KER:69376 APPENDIX OF WP(C) 28633/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF DOCUMENT NO: 1755/2014 DATED 03.05.2014 OF SUB-REGISTRAR OFFICE KODAKKAL.

Exhibit P1A A TRUE COPY OF DOCUMENT NO: 1239/2005 DATED 28.03.2005 OF SUB-REGISTRAR OFFICE KODAKKAL.

Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.07.2024.

Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT WITH THE THANDAPPER NO: 2330 MARKING PETITIONER'S LAND AS GARDEN LAND' DATED 03.04.2024.

Exhibit P4 A TRUE COPY OF THE APPLICATION WITH RECEIPT PREFERRED IN FORM 6 AS ENVISAGED KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 DATED 17.07.2024.

Exhibit P5 A TRUE PHOTO OF THE PETITION SCHEDULED PROPERTY.