Nafeesa vs The State Of Kerala
2024 Latest Caselaw 27498 Ker

Kerala High Court

Nafeesa vs The State Of Kerala on 11 September, 2024

                                                       2024:KER:70317
WP(C) NO. 28025/2024

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                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. 28025 OF 2024

PETITIONER:

            NAFEESA, AGED 63 YEARS,
            W/O. AHAMMED KUTTY, KIZHAKKE PEEDIYEKKAL HOUSE,
            TRIPRANGODE, MALAPPURAM DISTRICT, KERALA, PIN, PIN -
            676108.

            BY ADVS. M/S.SHERRY J. THOMAS, JOEMON ANTONY &
            ANTONY NILTON REMELO


RESPONDENTS:

     1      THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

     2      THE DISTRICT COLLECTOR,
            COLLECTORATE MALAPPURAM, CONFERENCE HALL COLLECTORATE
            ROAD, UP HILL MALAPPURAM DISTRICT, KERALA, PIN- 676505.

     3      THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, TIRUR – THRIKKANDIYOOR
            ROAD, TIRUR KERALA, PIN - 676101.

     4      THE THAHSILDAR (LR),
            TIRUR TALUK OFFICE, TIRUR MINI CIVIL STATION BUILDING,
            TIRUR, MALAPPURAM,KERALA, PIN - 676101.

     5      THE AGRICULTURAL OFFICER,
            TRIPRANGODE KRISHIBHAVAN, TIRUR, KODAKKAL ROAD,
            ALINGAL, KERALA, PIN - 676101.
                                                            2024:KER:70317
WP(C) NO. 28025/2024

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     6      THE VILLAGE OFFICER,
            TRIPRANGODE, VILLAGE OFFICE, ALATHIYOOR, TRIPRANGODE,
            MALAPPURAM DISTRICT, KERALA, PIN - 676102.

     7      THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENOR, TRIPRANGODE KRISHIBHAVAN,
            TIRUR, KODAKKAL ROAD, ALINGAL, KERALA, PIN - 676101.

            SMT.PREETHA K.K., SR.GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                               2024:KER:70317
WP(C) NO. 28025/2024

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                        MOHAMMED NIAS C. P. , J.
                  =====================================
                        W. P. (C) No. 28025 of 2024
                  =====================================
                 Dated this the 11th day of September, 2024


                               JUDGMENT

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

extent of 12.26 ares of land comprised in Block No. 11 in Survey Nos. 188/1-

30, 188/19-21 of Tirur Taluk, in Triprangode Village in Malappuram District,

has preferred Ext.P3 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 5 th respondent

Agricultural Officer to give sufficient inputs required under the Act and the

Rules to the 3rd respondent Revenue Divisional Officer or the officer

authorised under Section 2(XVA) of the Act, within two months from today.

2024:KER:70317

On receipt of the same, the 3rd respondent Revenue Divisional

Officer/authorised officer will consider Ext.P3 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 MMG 2024:KER:70317

APPENDIX OF WP(C).NO.28025/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 6TH RESPONDENT OFFICE DATED 21-05-2024

EXHIBIT P1A THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 6TH RESPONDENT OFFICE DATED 02-05-2024

EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 22-05-2024

EXHIBIT P3A THE TRUE COPY OF THE RECEIPT DATED 22-05-2024