T.P.JAYARAJ Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The case set up in this writ petition is as follows:- The properties of the petitioner is not included in the data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008, evidenced by Exhibit P1 certificate issued by the Agricultural Field Officer, Krishi Bhavan, Puthiyara, Kozhikode. Though the properties were not included in the data bank, the description of the properties continued to be nilam in the revenue records. The petitioner had obtained a certificate to effect that as on 1.4.1964, much prior to that the properties were converted and there was a building in the properties as No.1/3177. Exhibit P2 is the certificate issued by the Secretary, Kozhikode Municipal Corporation.

(2.) From the encumbrance of the properties, it is found that the said properties were attached by the Subordinate Judge's Court, Vadakara in the year 1969. Since the properties have been converted much prior to 4.7.1967, the petitioner had made Exhibit P4 application to the first respondent under Proviso to Section 27A(3) of Act 28 of 2008 read with Rule 12(13) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was made in Form 9 before the first respondent. It is submitted that though the petitioner had made an application in the month of November 2019, the same has not been considered so far by the first respondent. That the said conduct of the first respondent constraints the petitioner to approach this Court.

(3.) In the light of these averments and contentions, the petitioner has filed the instant writ petition with following prayers:-