Kerala High Court
Muhammed Mustafa.T.P vs State Of Kerala on 11 September, 2024
2024:KER:69132
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. 28159 OF 2024
PETITIONERS:
1 MUHAMMED MUSTAFA.T.P,
AGED 58 YEARS
S/O.SEETHI, T P HOUSE, KASAYAPADI, FAROKE PO KOZHIKODE,
PIN - 673631
2 ABDUL LATHEEF,
AGED 57 YEARS
S/O.ABUDLLAKOYA, PERUMUKHAM PO, FEROKE, KOZHIKODE,
PIN - 673631
BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
, WAYANAD ROAD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE
KOZHIKODE, PIN - 673020
3 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE CIVIL STATION JUMA MASJID, SH29,
ERANHIPPALAM, KOZHIKODE, KERALA, PIN - 673020
4 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR/ AGRICULTURAL OFFICER,
KRISHIBHAVAN, FEROKE, KOZHIKODE DISTRICT, PIN - 673631
WP(C) NO.28159 OF 2024 2
2024:KER:69132
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, FEROKE, KOZHIKODE DISTRICT, PIN -
673631
6 THE TAHSILDAR, (LR),
KOZHIKODE, TALUK OFFICE NH 212, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
7 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICE, NEAR FEROKE
MUNICIPALITY, KOZHIODE, PIN - 673631
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.28159 OF 2024 3
2024:KER:69132
MOHAMMED NIAS C. P. , J.
=====================
W. P. (C) No. 28159 of 2024
=============================
Dated this the 11th day of September, 2024
JUDGMENT
The petitioners, stated to be the absolute owners of the
property having an extent of 14.38.05 Ares of land comprised
in Survey No.262/37 of Block No.1 of Feroke Village,
Kozhikode Taluk, Kozhikode 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 deletion of the property from the databank.
2. The learned counsel for the petitioners submits that
no orders have been passed on the statutory application so
far.
3. Accordingly, there will be a direction to the
7th respondent Village Officer to give sufficient inputs required
under the Act and the Rules to the 3rd respondent Revenue
2024:KER:69132
Divisional Officer or the officer authorised under Section
2(XVA) of the Act, within one month from today. On receipt of
the same, the 3rd 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
Pvv
2024:KER:69132
APPENDIX OF WP(C) 28159/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 879/12
DATED 5-3-2012, OF SRO, FEROKE,
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
OF THE PROPERTY DATED 14-6-2023
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 5TH RESPONDENT DATED 24-12-2019
EXHIBIT P4 TRUE COPY OF THE FORM.6 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
REVENUE DIVISIONAL OFFICER, ON 9-11-2023
