Sainudheen vs Revenue Divisional Officer
2024 Latest Caselaw 27505 Ker

Kerala High Court

Sainudheen vs Revenue Divisional Officer on 11 September, 2024

                                                          2024:KER:69320

               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. 28126 OF 2024

PETITIONERS:

    1     SAINUDHEEN,
          AGED 37 YEARS
          S/O ASSANAR HAJI, METHUKAYIL (H), OZHUR, MALAPPURAM,
          PIN - 676307

    2     JUBAIRIYA,
          AGED 30 YEARS
          W/O SAINUDHEEN, METHUKAYIL (H), OZHUR, MALAPPURAM,
          PIN - 676307

          BY ADVS.
          K.SUJAI SATHIAN
          PREETHI. P.V.
          MARY LIYA SABU
          AISWARYA S. ASHOKAN


RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, THRIKKANDIYOOR RD, TIRUR,
          MALAPPURAM, PIN - 676101

    2     THE VILLAGE OFFICER,
          VILLAGE OFFICE, OZHUR,PULPPARAMBU-NALIDAVAZHI ROAD,
          TIRUR, MALAPPURAM, PIN - 676307

    3     THE AGRICULTURAL OFFICER,
          AGRICULTURAL OFFICER, OZHUR, MALAPPURAM, PIN - 680581
 WP(C) NO. 28126 OF 2024         2




                                                               2024:KER:69320



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. 28126 OF 2024          3




                                                       2024:KER:69320



                          MOHAMMED NIAS C. P. , J.
                  =====================
                      W. P. (C) No. 28126 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 3.83 Ares of land comprised in

Survey No.38/1-7 of Ozhur Village, Tirur Taluk, Malappuram

District, has preferred Ext.P5 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 petitioners submits that

no orders have been passed on the statutory application so

far.

3. Accordingly, there will be a direction to the

3rd respondent Agricultural Officer to give sufficient inputs

required under the Act and the Rules to the first respondent

Revenue Divisional Officer or the officer authorised under

2024:KER:69320

Section 2(XVA) of the Act, within one month from today. On

receipt of the same, the first respondent Revenue Divisional

Officer/authorised officer will consider Ext.P5 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:69320

APPENDIX OF WP(C) 28126/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE DOC NO. 1413/2016 OF SRO TANUR EXECUTED ON 25-04-2016

EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12-07-2024 ISSUED BY THE VILLAGE OFFICER, OZHUR VILLAGE OFFICE, WITH RESPECT TO THE PROPERTY

EXHIBIT P3 A. TRUE COPY OF THE LAND TAX RECEIPT NO.KL10041605161/2024 DATED 20-05-2024 WITH RESPECT TO THE PROPERTY

EXHIBIT P4 A. TRUE COPY OF THE DATA BANK DATED NIL ISSUED BY THE 2ND RESPONDENT IN WHICH THE PROPERTY IS INCLUDED

EXHIBIT P5 A. TRUE COPY OF THE FORM 5 APPLICATION NO.1/2023/12218038 DATED 04-11-2023 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT