SAYYID SAHAL KALATHINGAL Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner, who is stated to be the absolute owner of property having an extent of 4.76 Ares in ReSy.No.193/3B (Old Sy.No.372/5, 375) of Feorke Village, Kozhikode Taluk, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider and pass orders on Ext.P1 application submitted under subsection (1) of Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 within a time limit to be specified by this Court.

(2.) According to the petitioner, the aforesaid property is dry land, which was reclaimed much prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act and it is an un-notified land. The petitioner now intends to construct a residential building in the said property and accordingly, he approached the local authorities for building permit. However, he was informed that the property has been categorised as 'Nilam' in the Basic Tax Register and he was directed to file an application before the competent authority under the Kerala Conservation of Paddy Land and Wet Land Act. Accordingly, he made Ext.P1 application before the respondent Revenue Divisional Officer.

(3.) Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondent.