Dismissed

Afsal Rasheed P. v. the Revenue Divisional Officer, Ottapalam

Kerala HC24 Mar 2022WP(C)/7722/2022

Case brief

AI extract

What is this about?

The High Court of Kerala, by letter this day, disposed of the writ petition after directing the Revenue Divisional Officer to consider the petitioner's applications under Sections 5(4)(I) and 27(A) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within four months after obtaining relevant reports.

What did the court decide?

Directions to Revenue Divisional Officer to consider applications after verification and complete within four months.

Afsal Rasheed P. Vs the Revenue Divisional Officer, Ottapalam — 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 24^TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944

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WP(C) NO. 7722 OF 2022

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PETITIONER:

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AFSAL RASHEED P. AGED 42 YEARS S/O. ABUBECKER, PULIKKAL HOUSE, PEREMUDIYOOR P. O., MUTHUTHALA, PATTAMBI, PALAKKAD, KERALA - 679303. BY ADVS. AJMAL P. PARVATHY S.R. RAFNA RAZAK

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, OTTAPALAM OFFICE OF THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT, PIN - 679101.

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2 THE VILLAGE OFFICER MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT - 679303.

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3 THE AGRICULTURAL OFFICER FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT - 679303.

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4 THE LOCAL LEVEL MONITORING COMMITTEE FOR THE KANNADI PANCHAYAT CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008, REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER, MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT - 679303.

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BY SMT. VINITHA B., SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.7722 OF 2022

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JUDGMENT Dated this the 24^th day of March, 2022

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Petitioner is the owner in possession of 2.4 Ares

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of land in Survey No.472/11-2 of Muthuthala Village in Pattambi Taluk of Palakkad District. Petitioner confines his relief for an expeditious consideration of Exts.P3 and P4 applications in Form No.5 and 6 respectively under the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. According to the petitioner, the property is a converted land and has been erroneously included in the data bank.

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Having heard the learned Government Pleader also and without expressing any view on the merits of the matter, this writ petition is disposed of directing the 1^st respondent to initially consider Exts.P3 application (Form No.5), after obtaining and verifying the relevant materials and reports from the Agricultural Officer. If orders are

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WP(C) NO.7722 OF 2022

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passed excluding the property from the data bank, then, Exhibits P4 application (Form No.6) shall also be taken up for consideration and appropriate orders shall be passed thereon. Entire proceedings shall be completed within a period of four months from the date of receipt of a copy of this judgment. The RDO shall consider all relevant matters and shall obtain reports from the concerned Village Officer as well.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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SSK/24/03

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WP(C) NO.7722 OF 2022

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PETITIONERS' EXHIBITS:

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Exhibit P1	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.02.2021 ISSUED BY THE VILLAGE OFFICER, MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.
Exhibit P2	TRUE PHOTOGRAPH OF THE PLOT ALONG WITH THE ADJACENT BUILDING.
Exhibit P3	A TRUE COPY OF THE APPLICATION DATED 29.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 5(4) (I) OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008, SEEKING TO REMOVE THE PROPERTY FROM THE LAND DATA BANK FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.
Exhibit P4	A TRUE COPY OF THE APPLICATION DATED 17.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 27(A) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.
Exhibit P5	TRUE COPY OF THE TREASURY CHALLAN WITH RECEIPT NO.KL023778257202122M.
Exhibit P6	TRUE COPY OF POSTAL ACKNOWLEDGEMENT.
Exhibit P7	TRUE COPY OF THE ORDER PASSED BY THE SUB COLLECTOR, OTTAPALAM.

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RESPONDENT'S/S EXHIBITS: NIL

Afsal Rasheed P. v. the Revenue Divisional Officer, Ottapalam

Case brief

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Afsal Rasheed P. v. the Revenue Divisional Officer, Ottapalam

Case brief

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