Kerala High Court
Parayan Thodi Abdul Saleem vs Deputy Collector (Rr) on 4 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 21924 OF 2025 1
2025:KER:49204
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 21924 OF 2025
PETITIONER:
PARAYAN THODI ABDUL SALEEM
AGED 53 YEARS
S/O ABDURAHIMANKUTTY HAJI, HANNAS, KUTTIYERICHAL,
KADIRUR, KANNUR DISTRICT, PIN - 670642
BY ADVS.
SHRI.P.V.ANOOP
SRI.PHIJO PRADEESH PHILIP
SHRI.ABIN BENNY
SHRI.K C MOHAMED RASHID
SHRI.DENNISE JACOB SAVY
RESPONDENTS:
1 DEPUTY COLLECTOR (RR)
COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT,
PIN - 676505
2 THE VILLAGE OFFICER
CHERUKAVU VILLAGE OFFICE, PERIYAMBALAM, PULIKKAL P O,
MALAPPURAM DISTRICT, PIN - 673637
3 REVENUE DIVISIONAL OFFICER
PERINTALMANNA, MALAPPURAM DISTRICT, PIN - 679322
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, CHERUKAVU, MALAPPURAM DISTRICT,
PIN - 673634
GP.SMT.DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21924 OF 2025 2
2025:KER:49204
JUDGMENT
Dated this the 4th day of July, 2025 The petitioner is the owner in possession of 4 Ares 62 Square meters of land comprised in Survey Nos.114/5, 114/6-3 and 114/9-2 in Block No.4 of Cherukavu Village, Malappuram District, covered under Ext.P1 possession certificate. The property is an unnotified land. The petitioner desires to utilise the property for other purposes, other than agricultural activities. To change the classification of the property in the revenue records, the petitioner has submitted Ext.P2 application before the 1st respondent on 27.02.2025 in Form 6 under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). But, the application has not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and the learned Government Pleader.
3. On a consideration of the facts and materials on record, especially that Ext.P2 application is pending consideration before 1st respondent since 27.02.2025, and the WP(C) NO. 21924 OF 2025 3 2025:KER:49204 same is statutory in nature, without expressing anything on the merits of the application, I allow the writ petition by ordering as follows:
(i) The jurisdictional Village Officer is directed to submit his report as provided under Rule 12(4) of the Rules, to the authorised officer, within one month from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 1st respondent (authorised officer) shall consider and dispose of Ext.P2 application, in accordance with law, and as expeditiously as possible, at any rate, within one month from the date of receipt of the above report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE AJ WP(C) NO. 21924 OF 2025 4 2025:KER:49204 APPENDIX OF WP(C) 21924/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.90211552 ISSUED BY THE 2ND RESPONDENT DATED 19.12.2024 Exhibit P2 THE TRUE COPY OF THE FORM 6 APPLICATION NO.
1/2025/2269815 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 27.02.2025 Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 20.07.2023 IN WP(C) NO.23245/2023 PASSED BY THIS HON'BLE COURT