Writ petition seeking direction to consider a Form 5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008 for removal of land from the Data Bank, pending since 18.09.2023 without disposal by the Revenue Divisional Officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) No.24428/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
WP(C) NO. 24428OF 2024
PETITIONER:
ALAVI HAJI, AGED 68 YEARS
S/O. MUHAMMED, PATTASSERY HOUSE, KODINHI P.O.,
NANNMBRA, MALAPPURAM DISTRICT., PIN – 673 609
BY ADVS.U.K.DEVIDAS
S.K.SREELAKSHMY
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
R.D.O. OFFICE, TIRUR, TIRUR P.O., MALAPPURAM
DISTRICT, PIN – 676 101
2 AGRICULTURE OFFICERKRISHI BHAVAN, NANNAMBRA TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN – 676 306
3 VILLAGE OFFICER
NANNAMBRA VILLAGE, KUNDOOR, NANNAMABRA,
MALAPPURAM DISTRICT, PIN – 676 320
SMT.AMMINIKUTTY K. SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.24428/2024
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JUDGMENT
The writ petition is preferred being aggrieved by the non - consideration of Form 5 application which is Ext.P2.
WP(C) No.24428/2024
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Officer/Village Officer shall forward to the RDO within one month. Hence there should be a reasonable nexus for the period in which a Form 5 application is to be disposed of. The learned counsel also brought to my notice Data Bank that was contemplated under the provisions of the Act is to contain details only of cultivable paddy land and wet land within the area of jurisdiction of LLMC concerned. It was not intended to contain details of any other category of land. This point is held by this Court in Salim C.K. and another v. State of Kerala and others [2017(1) KHC 394].
WP(C) No.24428/2024
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judgment and the 1st respondent shall dispose the application on the basis of the said report, within two months thereafter.
The writ petition is disposed of accordingly.
Sd/-
P.M. MANOJ JUDGE
ncd
WP(C) No.24428/2024
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APPENDIX OF WP(C) 24428/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
28.06.2024 ISSUED BY THE VILLAGE OFFICER,
NANNAMBRA
Exhibit P2 TRUE COPY OF THE APPLICATION DATED
18.09.2023 IN FORM NO.5 UNDER THE KERALA
CONSERVATION OF PADDY LAND AND WET LAND
ACT, 2008 SUBMITTED BY THE PETITIONER
Exhibit P3 TRUE COPY OF THE FEE RECEIPT DATED
18.09.2023 ISSUED FROM THE NANNAMBRA
VILLAGE OFFICE
2 issues framed by the court
Whether the RDO must dispose of the petitioner's Form 5 application for removal of land from the Data Bank within a reasonable time.
Whether the Data Bank should contain only cultivable paddy land and wetland.
Colour shows how this judgement treated each authority
Salim C.K. and another v. State of Kerala and othersFollowed¶6
2017(1) KHC 394
2 provisions across 2 enactments
Alavi Haji
Revenue Divisional Officer
Agriculture Officer
Village Officer
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court