Jubairiyath vs State Of Kerala
2024 Latest Caselaw 27891 Ker

Kerala High Court

Jubairiyath vs State Of Kerala on 13 September, 2024

                                                            2024:KER:70403

                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.28829 OF 2024

PETITIONER:

            JUBAIRIYATH,
            AGED 39 YEARS
            W/O. ABDUL NAZAR, MANDAMKANDI HOUSE, KUNHOME (P.O),
            THONDERNADU, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN
            - 670731

            BY ADV K.DILIP
RESPONDENTS:

    1       STATE OF KERALA,
            REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
            REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN -
            695001

    2       THE SUB COLLECTOR,
            SUB COLLECTOR OFFICE, MANANTHAVADY, WAYANAD DISTRICT,
            PIN - 670645

    3       THE VILLAGE OFFICER,
            THONDERNADU VILLAGE, MANANTHAVADY TALUK, WAYANAD
            DISTRICT, PIN - 670731

    4       THE AGRICULTURAL OFFICER,
            KRISHIBHAVAN, THONDARNADU, MANANTHAVADY TALUK, WAYANAD
            DISTRICT, PIN - 670645

            SMT.PREETHA K.K., SR.GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28829 OF 2024
                                             2

                                                                                       2024:KER:70403

                        MOHAMMED NIAS C.P., J.
                     ................................................
                        W.P(C) No. 28829 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 3 Ares 64 Sq.Meters of land comprised in

Survey No.253/3 situated in Mananthavady Taluk, in

Thondernadu Village in Wayanad 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. Under such circumstances, there will be a direction to the

4th respondent Agricultural Officer to provide sufficient inputs

required under the Act and the Rules to the 2nd respondent

Revenue Divisional Officer or the officer authorised under

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

receipt of the same, the 2nd respondent Revenue Divisional

Officer/authorised officer will consider Ext.P4 application

within two months thereafter and pass orders strictly in terms WP(C) NO. 28829 OF 2024

2024:KER:70403 of the Act and the Rules.

The writ petition is disposed of as above.

Sd/-

                                            MOHAMMED NIAS       C.P.
                                                 JUDGE
      RPR/-
 WP(C) NO. 28829 OF 2024


                                                         2024:KER:70403
                  APPENDIX OF WP(C)NO.28829/2024

PETITIONER'S EXHIBITS

EXHIBIT-P1              A TRUE COPY OF THE JENM ASSIGNMENT DEED DATED
                        17/05/2011

EXHIBIT-P2              A TRUE COPY OF THE BTR EXTRACT PERTAINING TO

THE LAND IN QUESTION DATED 31/07/2024

EXHIBIT-P3 A TRUE COPY OF THE DATA BANK EXTRACT PERTIAINING TO THE LAND IN QUESTION DATED NIL

EXHIBIT-P4 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 31/01/2024