Abubaker Siddiq vs The Revenue Divisional Officer
2024 Latest Caselaw 28479 Ker

Kerala High Court

Abubaker Siddiq vs The Revenue Divisional Officer on 25 September, 2024

WP(C) NO. 29465 OF 2024

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                                                             2024:KER:71397


                  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. 29465 OF 2024


PETITIONER:

              ABUBAKER SIDDIQ,
              AGED 40 YEARS
              S/O MOHAMED KUTTY, PUTHEN PEEDIKAKKAL, RESIDING AT
              EZHUVANTHALA, NELLAYA, PIN- 679335, (PRESENTLY RESIDING IN
              QUATAR,) REPRESENTED THROUGH POWER OF ATTORNEY HOLDER
              MOHAMED KUTTY, PUTHEN PEEDIKAKKAL, RESIDING AT EZHUVANTHALA,
              NELLAYA, PIN - 679335


              BY ADVS.
              DINOOP P.D.
              M.R.SUDHEENDRAN
              RICHU HANNA RANJITH


RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER,
              THE REVENUE DIVISIONAL OFFICER,
              PALAKKAD, PIN - 678001

     2        VILLAGE OFFICER,
              NELLAYA VILLAGE OFFICE, NELLAYA,
              PALAKKAD, PIN - 679335

     3        AGRICULTURAL OFFICER,
              NELLAYA KRISHI BHAVAN, NELLAYA,
              PALAKKAD, PIN - 679335


OTHER PRESENT:

              SMT.PREETHA K.K., SR.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. 29465 OF 2024

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                                                           2024:KER:71397


                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 29465 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 7.58 Ares of land comprised in Survey No.33/4-2 situated in

Ottappalam Taluk, in Nellaya Village in Palakkad 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. Under such circumstances, there will be a direction to the 3 rd

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.P3 WP(C) NO. 29465 OF 2024

2024:KER:71397 application within one month 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. 29465 OF 2024

2024:KER:71397

APPENDIX OF WP(C) 29465/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED DATED 21/10/2015 IS PRODUCED

EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE DATED 29/06/2022 ISSUED BY THE VILLAGE OFFICER, NELLAYA

EXHIBIT P3 A TRUE COPY OF THE FORM 5 APPLICATION DATED 16/06/2022

EXHIBIT P4 A TRUE COPY OF THE STATUS OF THE APPLICATION OBTAINED ON 06/08/2024

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 31/01/2024 IN WP( C ) NO. 3715 OF 2024

// True Copy // PA To Judge