Disposed

Abdurahiman A.K. v. the Revenue Divisional Officer, Tirur

Kerala HC16 Nov 2022WP(C)/13283/2022

Case brief

AI extract

What is this about?

Petitioner sought to change the nature of his land from 'Nilam' for other purposes. After rejection of his application, he filed an appeal before the District Collector. The High Court of Kerala dispensed the writ petition by directing the Collector to consider the appeal.

What did the court decide?

Directive to the additional 6th respondent (District Collector) to consider the appeal filed by the petitioner under Section 27B of the Act and pass orders within two months.

Abdurahiman A.K. Vs the Revenue Divisional Officer, Tirur — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022/25TH KARTHIKA, 1944

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WP(C) NO. 13283 OF 2022

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PETITIONER

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ABDURAHIMAN A.K.
AGED 54 YEARS
S/O. MOHAMMED HAJI, AARUKANDATHIL HOUSE,
AYANKALAM P.O., PONNANI TALUK,
MALAPPURAM DISTRICT, PIN – 679573

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BY ADV C.M.MOHAMMED IQUABAL

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RESPONDENTS

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1 THE REVENUE DIVISIONAL OFFICER, TIRUR TIRUR P.O., MALAPPURAM DISTRICT,, PIN – 676101

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2 THE AGRICULTURAL OFFICER KALADY AGRICULTURAL OFFICE, KALADY P.O., PONNANI TALUK, MALAPPURAM DISTRICT,, PIN – 679582

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3 THE TAHSILDAR PONNANI TALUK,

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PONNANI P.O., MALAPPURAM DISTRICT, PIN – 679577

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4 THE VILLAGE OFFICER TAVANUR VILLAGE, TAVANUR P.O., PONNANI TALUK, MALAPPURAM DISTRICT,, PIN – 679573

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5 THE LOCAL LEVEL MONITORING COMMITTEE KALADY AGRICULTURAL OFFICE, KALADY P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS CONVENER, PIN – 679582

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W.P(C) No.13283 of 2022 2 ]

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ADDL.R6THE DISTRICT COLLECTOR,
MALAPPURAM
MALAPPURAM P.O.,MALAPPURAM DISTRICT

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ADDL.R6 IS IMPLEADED AS PER ORDER DATED
16.11.2022 IN I.A. NO.3 OF 2022

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OTHER PRESENT:

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SMT.DEEPA NARAYANAN SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P(C) No.13283 of 2022 ]

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J U D G M E N T

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Dated this the 16^th day of November, 2022

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The petitioner, who is owner of 37.23 Ares of land in Survey Nos.103/6 and 8 of Tavanur Village, is before this Court seeking to quash Ext.P14 and to direct the 1^st respondent to pass an order changing the nature of the property covered by Ext.P1 document as per Ext.P5 application filed by the petitioner.

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The petitioner states that the petitioner’s land was described as ‘Nilam’ in Revenue records. The petitioner wanted to use the land for other purposes and therefore submitted Ext.P5 application in Form-6 invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, seeking to change the nature of the land in Revenue records.

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The petitioner states that the Revenue Divisional Officer passed Ext.P14 order, rejecting the application

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W.P(C) No.13283 of 2022 4 ]

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submitted by the petitioner in Form-6. The petitioner thereupon filed Ext.P16 appeal against Ext.P14 Order, before the District Collector invoking Section 27B of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner states that unless the District Collector considers Ext.P16 appeal and passes orders thereon in accordance with law, the petitioner will be put to difficulties.

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The Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all

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the allegations made by the petitioner in the writ petition. The Government Pleader, however, submitted that if Ext.P16 appeal filed by the petitioner is received, complete in all respects, the appeal can be considered in accordance with law as Ext.P16 is a statutory appeal.

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In view of the facts as stated above, this Court is of the view that the writ petition can be disposed of directing the additional 6^th respondent to consider Ext.P16 appeal filed by the petitioner invoking Section 27B of the Kerala Conservation

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W.P(C) No.13283 of 2022 5 ]

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of Paddy Land and Wetland Act, 2008 within a reasonable time.

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The writ petition is therefore disposed of directing the additional 6^th respondent to consider Ext.P16 appeal filed by the petitioner under Section 27B of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and to pass appropriate orders thereon within a period of two months.

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Sd/-

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N. NAGARESH, JUDGE

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smm

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W.P(C) No.13283 of 2022 6 ]

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APPENDIX OF WP(C) 13283/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`THE TRUE COPY OF DOCUMENT NO.3848/1996` `OF SRO EDAPPAL DATED 22.11.1996`
`Exhibit P2`	`THE TRUE COPY OF THE BASIC TAX RECEIPT` `ISSUED BY TAVANUR VILLAGE OFFICER DATED` `19.4.2021`
`Exhibit P3`	`THE TRUE COPY OF THE PROPERTY TAX` `RECEIPT ISSUED BY TAVANUR GRAMA` `PANCHAYATH DATED 15.9.2021`
`Exhibit P4`	`THE TRUE COPY OF THE RELEVANT PAGE OF` `THE DATA BANK PREPARED BY THE 5TH` `RESPONDENT`
`Exhibit P5`	`THE TRUE COPY OF THE APPLICATION` `SUBMITTED BY PETITIONER BEFORE 1ST` `RESPONDENT DATED 16.12.2020`
`Exhibit P6`	`THE TRUE COPY OF THE COMMUNICATION OF` `THE 1ST RESPONDENT DATED 27.10.2020`
`Exhibit P7`	`THE TRUE COPY OF THE REPORT OF THE 4TH` `RESPONDENT DATED 28.1.2021`
`Exhibit P8`	`THE TRUE COPY OF THE PROFORMA PREPARED` `BY THE 4TH RESPONDENT DATED 28.1.20201`
`Exhibit P9`	`THE TRUE COPY OF THE COMMUNICATION` `ISSUED BY THE 4TH RESPONDENT DATED` `22.01.2021`
`Exhibit10`	`THE TRUE COPY OF THE FORM 9 APPLICATION` `SUBMITTED BEFORE THE 5TH RESPONDENT` `DATED 08.10.2021`
`Exhibit P11`	`THE TRUE COPY OF THE JUDGMENT OF THIS` `HON'BLE COURT IN W.P.(C). NO.` `19560/2021 DATED 25.10.2021`
`Exhibit P12`	`THE TRUE COPY OF THE CERTIFICATE ISSUED` `BY THE TAVANUR GRAMA PANCHAYAT DATED` `09.11.2021`
`Exhibit P13`	`THE TRUE COPY OF THE RELEVANT PAGES OF` `THE AWARD NO.9/91 DATED 16.09.1991`
`Exhibit P14`	`THE TRUE COPY OF THE ORDER OF THE 1ST` `RESPONDENT DATED 24.03.2022`
`Exhibit P15`	`THE TRUE COPY OF THE COMMUNICATION`

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W.P(C) No.13283 of 2022 7 ]

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ISSUED BY THE TAVANUR GRAMA PANCHAYATH
DATED 8.8.2022
Exhibit P16THE TRUE COPY OF THE MEMORANDUM OF
APPEAL FILED BEFORE THE DISTRICT
COLLECTOR, MALAPPURAM DATED 28.10.2022

Abdurahiman A.K. v. the Revenue Divisional Officer, Tirur

Case brief

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Abdurahiman A.K. v. the Revenue Divisional Officer, Tirur

Case brief

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