Allowed

P.K.Muhammedali v. the Amarambalam Grama Panchayath

Kerala HC14 Jul 2022WP(C)/6666/2019

Case brief

AI extract

What is this about?

Petitioner sought writ to quash data bank entry of agricultural land. Court dismissed writ petition allowing petitioner to file a Form-5 application under Kerala Conservation of Paddy Land and Wet Land Rules before the Revenue Divisional Officer within three weeks, with a direction for disposal within three months.

What did the court decide?

Petitioner allowed to submit Form-5 application; directed to be heard within three months.

P.K.Muhammedali Vs the Amarambalam Grama Panchayath — Land Acquisition | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

THURSDAY, THE 14^TH DAY OF JULY 2022 / 23RD ASHADHA, 1944

¶5

WP(C) NO. 6666 OF 2019

¶6

PETITIONER:

¶7

P.K.MUHAMMEDALI AGED 67 YEARS S/O. SAIDALIKUTTY, PALAYILKOLATH HOUSE, V.K. ROAD, NILAMBUR, MALAPPURAM DISTRICT, PIN- 676 505. BY ADVS. A.T.ANILKUMAR SMT.V.SHYLAJA

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001 2 THE DISTRICT COLLECTOR, MALAPPURAM – 676 505 3 THE REVENUE DIVISIONAL OFFICER, MALAPPURAM – 676 505. 2 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, AMARAMBALAM, MALAPPURAM DISTRICT 679 332. SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶10

WP(C) NO. 6666 OF 2019

¶11

¶12

P.V.KUNHIKRISHNAN, J.

¶13

------------------------------

¶14

W.P.(C).No. 6666 of 2019

¶15

Dated this the 14^th day of July, 2022

¶16

JUDGMENT

¶17

The above writ petition is filed with the following prayers:

¶18

“(A) Call for the entire records leading to Exhibit P8 and quash the same by the issuing of a writ of certiorari or any other appropriate writs, orders or directions;

¶19

(B) Issue a writ of mandamus or any other appropriate writs, orders or direction there by direct the 4^th respondent to correct the entry in the data bank and remove the property comprised in Resurvey No.221/5-2 in Block No.123 of Amarambalam village in Nilambur Taluk from the Data Bank.

¶20

(C) Grant such other relieves as this Hon'ble Court may deem fit and proper in the circumstances of the case.”[SIC]

¶21

When this writ petition came up for

¶22

consideration, the counsel appearing for the petitioner submitted that, he may be allowed to file a Form-5 application to remove the property from the Data Bank.

¶23

If that is the case, this writ petition itself can be

¶24

¶25

WP(C) NO. 6666 OF 2019

¶26

disposed of allowing the petitioner to submit a Form-5 application and there can be a direction to dispose of that application, within a time frame.

¶27

Therefore, this writ petition disposed of in the following manner:

¶28

i. The petitioner is free to submit a Form-5 application under the Kerala Conservation of Paddy Land and Wet Land Rules, before the 3^rd respondent, within a period of three weeks from the date of receipt of a copy of this judgment.

¶29

ii. Once such an application is received, the 3^rd respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the application.

¶30

Sd/-

¶31

P.V.KUNHIKRISHNAN JUDGE

¶32

¶33

WP(C) NO. 6666 OF 2019

¶34

¶35

APPENDIX OF WP(C) 6666/2019

¶36

PETITIONER EXHIBITS

¶37

EXHIBIT P1	TRUE COPY OF THE	POSSESSION
	CERTIFICATE OF THE PROPE	RTIES OF THE
	PETITIONER ISSUED BY	THE VILLAGE
	OFFICER DATED 4/12/2017.
EXHIBIT P2	TRUE COPY OF THE RELEVAN BASIC TAX REGISTRAR OF VILLAGE.	T PAGE OF THE AMARAMBALAM
EXHIBIT P3	TRUE COPY OF THE THANDA	PEER ACCOUNT
	OF PROPERTIES IN R.S. NO AMARAMBALAM VILLAGE.	. 221/5-2 OF
EXHIBIT P4	TRUE COPY OF THE ORDER RESPONDENT DATED 6/10/201 513/16.	OF THE FIRST 6 AS NO. A4-
EXHIBIT P5	TRUE COPY OF THE COMMUNI	CATION ISSUED
	BY THE FIRST RESPOND PETITIONER DATED 30/11/20	ENT TO THE 17.
EXHIBIT P6	TRUE COPY OF THE	APPLICATION
	SUBMITTED BY THE PETIT	IONER BEFORE
	THE 2ND RESPONDENT DATED	9/8/2017.
EXHIBIT P7	THE TRUE COPY OF THE	JUDGMENT IN
	39490/17.
EXHIBIT P8	THE TRUE COPY OF THE OR EXT.P6.	DER REJECTING

¶38

RESPONDENT'S EXHIBITS: NIL

¶39

//TRUE COPY//

¶40

PA TO JUDGE

P.K.Muhammedali v. the Amarambalam Grama Panchayath

Case brief

What is this about?

What did the court decide?

P.K.Muhammedali v. the Amarambalam Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Abdulla Vs the Regional Transport Officer

Muhammed Kutty Vs Revenue Divisional Officer

Mujeeb Vs the Regional Transport Officer

M.T.Thomas Vs the State of Kerala

A. Salim Vs Neyyattinkara Municipality

Sabu Mathew Vs the Vathikudi Grama Panchayath