Balkees, vs the Revenue Divisional Officer/Sub Collector [Corrected],

Balkees, vs The Revenue Divisional Officer/Sub Collector [Corrected],

Type Court Judgment Court Kerala Decided Sep 23, 2024

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Citation: sooperkanoon.com/1329629
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Sep 23, 2024
Case Number: WP(C)/28992/2024

Parties & Advocates

Appellant / Petitioner

Balkees,

Respondent

The Revenue Divisional Officer/Sub Collector [Corrected],

Excerpt

.....(civil) having been finally heard on 23.09.2024, the court on the same day delivered the following: wp(c) no. 28992 of 2024 2judgmentthe petitioner, stated to be the owner of the property having an extent of 10.42 ares of property comprised in survey nos. 153/10-7 of triprangode village, alathiyur, tirur taluk of malappuram district, has preferred ext.p7 application under form-6 of the kerala conservation of paddy land and wetland act and rules, 2008, (for short, the act and the rules) seeking change of user of the property in the data bank.2. the learned counsel for the petitioner submits that no orders have been passed on the statutory application so far.3. accordingly, there will be a direction to the 4 th respondent villageofficer to give 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 two months from today. on receipt of the same, the 1st respondent revenue divisional officer/authorised officer will consider ext.p7 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 dcs wp(c) no. 28992 of 2024 3 appendix of wp(c) 28992/2024 petitioner exhibits exhibit p1 true copy of the sale deed dated 22/08/2019 exhibit p2 true copy of the possession certificate dated exhibit p3 true copy of the relevant portion of the data bank dated19/03/2012 exhibit p4 true copy of the form-5 application dated exhibit p5 true copy of the judgement dated 29/01/2024 in w.p (c) no. 1932 of 2024 exhibit p6 a true copy order passed by the first respondent dated 09/05/2024 exhibit p7 a true copy of form-6 application dated exhibit p8 a true copy of priority request dated

Full Judgment

WP(C) NO. 28992 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946 WP(C) NO. 28992 OF 2024 PETITIONER: BALKEES, AGED 55 YEARS, D/O BAVUTTY HAJI PILAKKATTIL MANGALAM P.O.,MALAPPURAM - 676561 BY ADVS. UMMUL FIDA C.IJLAL P.PARVATHY ANANDU R. SHERIL ABRAHAM RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,* REVENUE DIVISIONAL OFFICE, FORT KOCHI P.O, ERNAKULAM, PIN - 682001 THE REVENUE DIVISIONAL OFFICER, TIRUR, TIRUR - THRIKANDIYOOR RD, TIRUR, MALAPPURAM, KERALA, PIN- 676101 *(ADDRESS OF 1ST RESPONDENT IS CORRECTED AS PER ORDER DATED 13.11.2024 IN I.A.1/2024 IN WP(C)No.28992/2024) 2 LOCAL LEVEL MONITORING COMMITTEE, TIRUR, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHIBHAVAN, TIRUR, MALAPPURAM, KERALA- 676101 3 AGRICULTURAL OFFICER, KRISHIBHAVAN, TIRUR, MALAPPURAM, KERALA- 676101 4 THE VILLAGE OFFICER, THE VILLAGE OFFICER, VILLAGE OFFICE, TIRUR, MALAPPURAM, PIN - 676109 BY SMT. DEVI SHRI R., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28992 OF 2024 2

JUDGMENT

The petitioner, stated to be the owner of the property having an extent of 10.42 Ares of property comprised in Survey Nos. 153/10-7 of Triprangode Village, Alathiyur, Tirur Taluk of Malappuram District, has preferred Ext.P7 application under Form-6 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the Rules) seeking change of user of the property in the data bank.

2. The learned counsel for the petitioner submits that no orders have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 4 th respondent Village

Officer to give 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 two months from today. On receipt of the same, the 1st respondent Revenue Divisional Officer/authorised officer will consider Ext.P7 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 DCS WP(C) NO. 28992 OF 2024 3 APPENDIX OF WP(C) 28992/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED DATED 22/08/2019 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK DATED19/03/2012 Exhibit P4 TRUE COPY OF THE FORM-5 APPLICATION DATED Exhibit P5 TRUE COPY OF THE JUDGEMENT DATED 29/01/2024 IN W.P (C) NO. 1932 OF 2024 Exhibit P6 A TRUE COPY ORDER PASSED BY THE FIRST RESPONDENT DATED 09/05/2024 Exhibit P7 A TRUE COPY OF FORM-6 APPLICATION DATED Exhibit P8 A TRUE COPY OF PRIORITY REQUEST DATED

Same Court & Year Kerala · 2024 Same Parties Balkees, vs The Revenue Divisional Officer/Sub Collector [Cor... Same Judge Honourable Mr.Justice Mohammed Nias C.P.