2025:KER:21332 WP(C) NO. 1503 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 WP(C) NO. 1503 OF 2025 PETITIONER: DHANYA SUNILKUMAR, AGED 44 YEARS, W/O SUNILKUMAR, THOTTAYIPPILLIL HOUSE, QUARTERS BEY LANE ROAD, ALUVA, ALUVA P.O, ERNAKULAM DISTRICT, PIN - 683101 BY ADV T.K.AJITHKUMAR (VALATH) RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER, FORT KOCHI, OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 2 DEPUTY COLLECTOR, (DM) ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 3 TAHSILDAR (LR), TALUK OFFICE, PARUR TALUK, PARUR, MAIN RAOD, N.PARUR, ERNAKULAM DISTRICT, PIN – 683513 2025:KER:21332 WP(C) NO. 1503 OF 2025 2 4 THE VILLAGE OFFICER, KUNNUKARA VILLAGE, KUNNUKARA, ERNAKULAM DISTRICT, PIN - 683578 5 THE AGRICULTURAL OFFICER/CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KUNNUKARA, ERNAKULAM DISTRICT, PIN – 683578 BY ADV SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:21332 WP(C) NO. 1503 OF 2025 3 JUDGMENT The petitioner is the owner in possession of a property having an extent of 4.05 Ares in Survey No.469/4-7 in Block No.1 of Kunnukara village. According to the petitioner, the property is not included in the Data Bank and therefore, it is an unnotified land, as the same is described as paddy land in the revenue records. In such circumstances, the petitioner submitted Ext.P3 application in Form 6 as early as on 08.03.2022, which is now pending before the 2nd respondent, the authorized officer under Section 2(xvA) of Kerala Conservation of Paddy Land and Wetland Act, 2008. 2. The case of the petitioner is that, during the pendency of the said application, now Ext.P5 notice is received by the petitioner from the Tahsildar (Land Records), the 3rd respondent, wherein he insisted the petitioner to submit an application in Form 5, if the property is included in the Data Bank. The specific case of the petitioner is that, the property is not included in the Data Bank 2025:KER:21332 WP(C) NO. 1503 OF 2025 4 and therefore, Ext.P5 is unnecessary. In such circumstances, the petitioner seeks for a direction to the 3rd respondent to dispose of Ext.P3 application within a time frame and without insisting for submission of Form 5 application. 3. I have heard Sri. T.K.Ajithkumar (Valath), learned Counsel for the petitioner and Smt.Amminikutty K., learned Government Pleader for the respondents. 4. As far as the inclusion of the property of the petitioner in the Data Bank is concerned, the specific case of the petitioner is that, it is not included in the Data Bank and she places reliance upon Ext.P2 to substantiate the same. The apprehension of the petitioner is that, since in Ext.P5, the Tahsildar (Land Records) insisted for submission of Form 5 application, in case the property is included in the Data Bank, Ext.P3 application would be rejected after getting the report of the Village Officer on that reason. However, I am of the view that, since the application in Form 6 is now pending consideration before the 2nd respondent, it is for the 2025:KER:21332 WP(C) NO. 1503 OF 2025 5 said respondent to take a decision on the same in accordance with law after considering all the relevant aspects. Therefore, I am of the view that, this writ petition can be disposed of with a direction to that effect. Accordingly, it is ordered that, the 4th respondent shall submit a report before the 2nd respondent as to the nature of the property of the petitioner within a period of one month and thereupon the 2nd respondent shall take up Ext.P3 application and appropriate decision thereon shall be taken within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:21332 WP(C) NO. 1503 OF 2025 6 APPENDIX OF WP(C) 1503/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTO COPY OF THE LAND TAX RECEIPT FATED 28-5-2024 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P2 THE TRUE PHOTO COPY OF THE RELEVANT PAGE OF THE DATA BANK Exhibit P3 THE TRUE PHOTO COPY OF THE APPLICATION DATED 8-3-2022 IN FORM NO.6, SUBMITTED BY THE PETITIONER Exhibit P4 THE TRUE PHOTO COPY OF THE RECEIPT DATED 8-3-2022 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT FOR PAYMENT OF THE PRESCRIBED FEE Exhibit P5 THE TRUE PHOTO COPY OF THE LETTER DATED 09-01-2024 ISSUED BY THE 3RD RESPONDENT