MALABAR INSTITUTE OF MEDICAL SCIENCES LTD., v. REVENUE DIVISIONAL OFFICER,
WP(C)/271/2025 · 2025-02-20
Ziyad Rahman A A
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 2979 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2979 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:15226 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946 WP(C) NO. 271 OF 2025 PETITIONER:
MALABAR INSTITUTE OF MEDICAL SCIENCES LTD., MINI BYE PASS ROAD, GOVINDAPURAM, KOZHIKODE 673 016 REPRESENTED BY DEPUTY MANAGER, LEGAL SERVICES, JITHIN VARGHESE, AGED 35 YEARS, S/O GEORGE VARGHESE, R/O J J COTTAGE, KUDASSANAD P.O, PALAMEL VILLAGE, ALAPPUZHA DISTRICT, PIN - 689512 BY ADVS. AMITH KRISHNAN H. P.DEVIKRISHNA GAYATHRI C.H.
ANNA MARY MATHEW B.G.HARINDRANATH (SR.)(K/378/1984) RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER, CIVIL STATION JUMA MASJID, SH29, ERANHIPPALAM, KOZHIKODE, KERALA, PIN - 673020 2 DEPUTY COLLECTOR (RR), CIVIL STATION JUMA MASJID, SH29, ERANHIPPALAM, KOZHIKODE, KERALA, PIN - 673020 3 ADDL.R3) THE VILLAGE OFFICER KOTTOOLI VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT [IS IMPLEADED AS PER ORDER DATED 29/01/2025 IN I.A 1/25 IN WP(C)] K.AMMINIKUTTY-SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2025, ALONG WITH WP(C).272/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:15226 W.P.(C).No.271 of 2025 :2:
ZIYAD RAHMAN A.A., J. ------------------------------------ W.P.(C).No.271 of 2025 ------------------------------------ Dated this the 20th day of February, 2025 JUDGMENT The petitioner is the owner in possession of property having an extent of 5 Ares 16 sq.mts of land comprised in Sy.No.42/215 of Kottooli Village in Kozhikode Taluk, Kozhikode District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as ‘Nanja’, even though the said land stood reclaimed even prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act,
2008. Therefore, the petitioner submitted Ext.P2 application in Form 5 on 01.12.2023. The limited prayer sought by the petitioner is to direct the 2nd respondent to pass orders thereon within a time frame. After hearing the learned counsel for the petitioner
2025:KER:15226 W.P.(C).No.271 of 2025 :3: and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of one month from the date of receipt of a copy of this judgment.
Thereupon, the 2nd respondent, the authorized officer as referred to above, shall take up Ext.P2 application and pass appropriate orders thereon in accordance with law, within a period of one month from the date of receipt of such report. Sd/-
ZIYAD RAHMAN A.A., JUDGE
Raj. 2025:KER:15226 W.P.(C).No.271 of 2025 :4:
APPENDIX OF WP(C) 271/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 10.07.2023 Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 01.12.2023 Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 29TH OF JULY 2022 IN WRIT PETITION (C) NO. 18879 OF 2022