Muhammed Basheer Palakkan vs The Revenue Divisional Officer, ...
2024 Latest Caselaw 28495 Ker

Kerala High Court

Muhammed Basheer Palakkan vs The Revenue Divisional Officer, ... on 25 September, 2024

WP(C) NO. 29518 OF 2024

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                                                             2024:KER:71399


                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. 29518 OF 2024

PETITIONER:

            MUHAMMED BASHEER PALAKKAN,
            AGED 36 YEARS
            S/O. MOIDEEN KUTTY, PALAKKAN HOUSE, POOKKOTTUR,
            POOKKOTTUR P.O, MALAPPURAM DISTRICT, PIN - 676517


            BY ADV K.ABOOBACKER SIDHEEQUE


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER
            PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322

    2       THE VILLAGE OFFICER,
            MELMURI VILLAGE OFFICE, MELMURI, VALLUVAMBRAM P.O,
            MALAPPURAM DISTRICT, PIN - 676517

    3       THE AGRICULTURAL OFFICER FOR THE MALAPPURAM
            MUNICIPALITY,
            AGRICULTURE OFFICE, MALAPPURAM P.O,
            MALAPPURAM DISTRICT, PIN - 676505



OTHER PRESENT:

            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. 29518 OF 2024

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                                                           2024:KER:71399

                      MOHAMMED NIAS C.P., J.
                    =============================
                       W.P(C) No. 29518 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 19.43 and 29.64 Ares of land comprised in Survey Nos. 1047/1,

1047/2, 1047/3 and 1047/4 situated in Eranad Taluk, in Melmuri Village in

Malappuram District, has preferred Exts.P3 and Ext.P4 applications 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

three months from today. On receipt of the same, the 1 st respondent WP(C) NO. 29518 OF 2024

2024:KER:71399

Revenue Divisional Officer/authorised officer will consider Exts.P3 and

Ext.P4 applications 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. 29518 OF 2024

2024:KER:71399

APPENDIX OF WP(C) 29518/2024

PETITIONER EXHIBITS :

EXHIBIT-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT NO.

KL10011502085/2024 DATED 16.04.2024 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT-P2 A TRUE COPY OF THE LAND TAX PAID RECEIPT NO.

KL10011502086/2024 DATED 16.04.2024 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT-P3 A TRUE COPY OF THE APPLICATION NO.

32/2024/40508 DATED 11.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER SECTION 5 (4) (I) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.

EXHIBIT-P4 A TRUE COPY OF THE APPLICATION NO.

33/2024/40508 DATED 11.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER SECTION 5 (4) (I) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.

                //    True Copy   //     PA To Judge