Nadiya, vs State of Kerala,

Type Court Judgment Court Kerala Decided May 31, 2024

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Citation: sooperkanoon.com/1321985
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: May 31, 2024
Case Number: WP(C)/13865/2024

Parties & Advocates

Appellant / Petitioner

Nadiya,

Respondent

State of Kerala,

Excerpt

.....--------------------------------------------- dated this the 31st day of may, 2024judgmentthe petitioner stated to be the owner of the property having an extent of 2ares 83.04 sq.ft of land comprised in survey no.6/3/72 in block no.1 situated inperinthalmanna taluk, angadippuram village in malappuram district, has preferred ext.p6 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 conversion of the land.2. the learned counsel for the petitioner submits that no orders havebeen passed on the statutory application so far. under such circumstances, there will be a direction to the seventh respondent village officer to provide sufficient inputs required under the act and the rules to the fourth respondent revenue divisional officer within two months from today. on receipt of the same, the seventh respondent revenue divisional officer will consider ext.p6 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 dlk/31.05.2024 -4- appendix of wp(c) 13865/2024 petitioner's exhibits exhibit p1 true copy of the document dated 27- 3-2012 as document no.2044/1/2012 of perinthalmanna sro exhibit p2 true copy of the basic tax receipt dated 16-3- 2024 issued by the angadipuram village officer exhibit p3 true copy of the location sketch issued by the angadipuram panchayat exhibit p4 true copy of the possession certificate dated 15-3-2024 issued by the angadippuram village office exhibit p5 true copy of the relevant page of the data bank of angadippuram panchayat exhibit p6 true copy of the form 5 application dated 16- 3-2024 submitted by the petitioner before the revenue divisional officer, perinthalmanna

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(C) NO. 13865 OF 2024 PETITIONER: NADIYA, AGED 39 YEARS W/O.SHANAVAS, KOZHIPARAMBAN HOUSE, BY ADVS. K.MOHANAKANNAN D.S.THUSHARA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BIULDING, VIKHAS BHAVAN, P.O, MUSEUM ROAD, THIRUVANANTHAPURAM, PIN - 695033 3 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN - 676505 4 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR, PERINTALMANNA, PIN - 679322 5 LOCAL LEVEL MONITORING COMMITTEE, ANGADIPURAM REPRESENTED BY ITS CONVENER - AGRICULTURAL OFFICER, POONTHANAM NAGAR, ANGADIPURAM, KERALA, PIN - 679321
6 THE TAHSILDAR, (LR), TALUK OFFICE, -2- 7 THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICE, MARUNGATH COLONY, ANGADIPURAM, PIN - 679321 SMT.SHEEBA G, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
MOHAMMED NIAS C.P., J.
----------------------------------------------- WP(C)No.13865 of 2024 --------------------------------------------- Dated this the 31st day of May, 2024

JUDGMENT

The petitioner stated to be the owner of the property having an extent of 2Ares 83.04 sq.ft of land comprised in Survey No.6/3/72 in Block No.1 situated inPerinthalmanna Taluk, Angadippuram Village in Malappuram District, has preferred Ext.P6 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 conversion of the land.

2. The learned counsel for the petitioner submits that no orders have

been passed on the statutory application so far. Under such circumstances, there will be a direction to the seventh respondent Village Officer to provide sufficient inputs required under the Act and the Rules to the fourth respondent Revenue Divisional Officer within two months from today. On receipt of the same, the seventh respondent Revenue Divisional Officer will consider Ext.P6 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 dlk/31.05.2024 -4- APPENDIX OF WP(C) 13865/2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE DOCUMENT DATED 27- 3-2012 AS DOCUMENT NO.2044/1/2012 OF PERINTHALMANNA SRO EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 16-3- 2024 ISSUED BY THE ANGADIPURAM VILLAGE OFFICER EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE ANGADIPURAM PANCHAYAT EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15-3-2024 ISSUED BY THE ANGADIPPURAM VILLAGE OFFICE EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF ANGADIPPURAM PANCHAYAT EXHIBIT P6 TRUE COPY OF THE FORM 5 APPLICATION DATED 16- 3-2024 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA

Same Court & Year Kerala · 2024 Same Parties Nadiya, vs State of Kerala, Same Judge Honourable Mr.Justice Mohammed Nias C.P.