Asif Ahammed.M vs Revenue Divisional Officer
2024 Latest Caselaw 27721 Ker

Kerala High Court

Asif Ahammed.M vs Revenue Divisional Officer on 13 September, 2024

                                                      2024:KER:70399

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                         WP(C) NO.28450 OF 2024

PETITIONER:

          ASIF AHAMMED.M,
          AGED 46 YEARS
          S/O MUHAMMED KUTTY,KIZHAKKE THODUVIL HOUSE,P.O.CALICUT
          AIRPORT, KOLATHUR,KONDOTTY.MALAPPURAM, PIN - 673647

          BY ADVS.
          RANJITH C.
          KIRAN JOHNY
          BINJO ANDREWS
          SHINY GEORGE MEKKATTUKULAM
          MAHENDRAN S.



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE
          PERINTHALMANNA ,PERINTHALMANNA. P.O, MALAPPURAM, PIN -
          679322

    2     DEPUTY COLLECTOR (DM),
          OFFICE OF THE DEPUTY COLLECTOR(DM),COLLECTORATE,CIVIL
          STATION, MALAPPURAM, PIN - 676505

    3     VILLAGE OFFICER,
          KONDOTTY VILLAGE OFFICE, MALAPPURAM, PIN - 673638

    4     ARICULTURAL OFFICER,
          KONDOTTY KRISHIBHAVAN, MALAPPURAM, PIN - 673638

          SMT.DEVI SHRI R., GP
 WP(C) NO.28450 OF 2024
                                   -2-

                                                              2024:KER:70399
     THIS   WRIT   PETITION   (CIVIL)    HAVING   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.28450 OF 2024
                                                   -3-

                                                                                              2024:KER:70399

                                  MOHAMMED NIAS C.P., J
                         ............................................................
                                   W.P(C) No.28450 of 2024
                  .........................................................................
                      Dated this the 13th day of September, 2024


                                         JUDGMENT

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

extent of 4 Ares 5 Sq.Meters of land comprised in Survey No.264/13-1 in

Kondotty Taluk, in Kondotty 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.

3. Accordingly, there will be a direction to the 3rd 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 1st 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
    RPR/-
 WP(C) NO.28450 OF 2024


                                                       2024:KER:70399
                APPENDIX OF WP(C)NO.28450 OF 2024

PETITIONER EXHIBITS

Exhibit P1            A. TRUE COPY OF THE LAND TAX RECEIPT NO.

KL10070403877/2024 DATED 30/05/2024 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF 1ST PETITIONER FOR 4.05 ARES (10 CENTS)

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK ISSUED BY THE 4TH RESPONDENT DATED NIL

Exhibit P3 A. TRUE COPY OF THE JUDGMENT IN WP(C).NO.20288 OF 2024 DATED 05/08/2024

Exhibit P4 TRUE COPY OF FORM.6 APPLICATION NO.4/2024/470686 DATED 01/06/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT