Abdurahimankutty vs Deputy Collector (Rr)
2024 Latest Caselaw 27487 Ker

Kerala High Court

Abdurahimankutty vs Deputy Collector (Rr) on 11 September, 2024

                                                             2024:KER:69336

                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. 28110 OF 2024

PETITIONER:

          ABDURAHIMANKUTTY,
          AGED 65 YEARS
          S/O. AHAMMED,KANNIPARAMBIL HOUSE, MUNNIYOOR
          P.O,KOZHIKODE DISTRICT, PIN - 676311

          BY ADVS.
          P.V.ANOOP
          PHIJO PRADEESH PHILIP
          ABIN BENNY
          ANJU R S.
          K C MOHAMED RASHID


RESPONDENTS:

    1     DEPUTY COLLECTOR (RR),
          KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
          ERANHIPALAM,KOZHIKODE, PIN - 673020

    2     THE VILLAGE OFFICER,
          RAMANATTUKARA VILLAGE, KOZHIKODE, PIN - 673631



OTHER PRESENT:

          SMT.DEVI SHRI R., GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28110 OF 2024          2




                                                          2024:KER:69336



                          MOHAMMED NIAS C. P. , J.
                  =====================
                      W. P. (C) No. 28110 of 2024
            =============================
              Dated this the 11th day of September, 2024


                              JUDGMENT

The petitioner, stated to be the absolute owner of the

property having an extent of 2 Ares 86 Sq.mts. of land

comprised in Survey No.492/20 of Block No.002 of

Ramanattukara Village, Kozhikode District, has preferred

Ext.P4 application under Form-5 of the Kerala Conservation of

Paddy Land and Wetland Act and Rules, 2008, (for short, the Act

and the Rules) seeking deletion of the property from the

databank.

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

2nd respondent Village Officer to give sufficient inputs required

under the Act and the Rules to the first respondent Deputy

2024:KER:69336

Collector (RR) or the officer authorised under Section 2(XVA)

of the Act, within three months from today. On receipt of the

same, the first respondent Deputy Collector (RR)/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 Pvv

2024:KER:69336

APPENDIX OF WP(C) 28110/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.2324/2007 DATED 28.05.2007 OF FEROKE S.R.O

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT NO.

KL11014608082/2024 DATED 06.07.2024 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.1344/2024 ISSUED BY THE 2ND RESPONDENT DATED 06.07.2024

EXHIBIT P4 TRUE COPY OF THE FORM 5 APPLICATION NO.

46/2024/7135 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.07.2024