Shemeena vs The Revenue Divisional Officer, ...
2024 Latest Caselaw 28359 Ker

Kerala High Court

Shemeena vs The Revenue Divisional Officer, ... on 25 September, 2024

WP(C) NO. 29480 OF 2024

                                   1

                                                       2024:KER:71401


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                        WP(C) NO. 29480 OF 2024

PETITIONER:

          SHEMEENA,
          AGED 42 YEARS
          W/O. MUJEEB P.M,
          RESIDING AT KETTINTAKAYIL THOTTATHIL PUTHUPPADI,
          PERUMBALLI PO, KOZHIKODE,
          PIN - 673586


          BY ADVS.
          V.V.SURENDRAN
          P.A.HARISH
          SANIKA.V.S.
          DONA PAUL


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER, KOZHIKODE,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          PO.CIVIL STATION, KOZHIKODE,
          PIN - 673020

    2     THE DEPUTY COLLECTOR (REVENUE RECOVERY),
          OFFICE OF THE DEPUTY COLLECTOR (REVENUE RECOVERY)
          COLLECTORATE, CIVIL STATION, KOZHIKODE,
          PIN - 673020

    3     THE VILLAGE OFFICER, VENGERI VILLAGE,
          OFFICE OF THE VILLAGE OFFICER,
          VENGERI VILLAGE, KOZHIKODE, PIN - 673010

    4     THE PRINCIPAL AGRICULTURAL OFFICER,
          KOZHIKODE CORPORATION
          CHAIRMAN, LOCAL LEVEL MONITORING COMMITTEE,
 WP(C) NO. 29480 OF 2024

                                      2

                                                           2024:KER:71401
              KOZHIKODE CORPORATION,
              PUTHIYARA, KOZHIKODE, PIN - 673004



              SMT. DEVI SHRI R - GP


THIS   WRIT     PETITION   (CIVIL)    HAVING   BEEN   FINALLY   HEARD   ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29480 OF 2024

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                                                           2024:KER:71401


                       MOHAMMED NIAS C.P., J.
                     ============================
                       W.P(C) No. 29480 of 2024
                     ============================
              Dated this the 25th day of September, 2024


                             JUDGMENT

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

extent of 1.67.9 Ares of land comprised in Survey No. 586/26 situated in

Kozhikode Taluk, in Vengeri Village in Kozhikode 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 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 4 th

respondent Agricultural Officer to provide sufficient inputs required

under the Act and the Rules to the 1 st 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 1 st respondent

Revenue Divisional Officer/authorised officer will consider Ext.P5 WP(C) NO. 29480 OF 2024

2024:KER:71401 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

LU WP(C) NO. 29480 OF 2024

2024:KER:71401

APPENDIX OF WP(C) 29480/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 1512/1/2023 OF KAKKODI SRO DATED 11.05.2023 EXECUTED BY P.A JALESH, P.A JITHESH, P.A JATTEESHA AND P.A MALATHI IN FAVOUR OF THE PETITIONER

EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK

EXHIBIT P4 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT LIE OF THE PROPERTY

EXHIBIT P5 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER FORM 5 OF ACT 28 OF 2009 DATED 22.08.2023

// True Copy // PA To Judge