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2025 DAILYLAW 3234 (KER)

NADHIRSHA V.A., v. STATE OF KERALA,

WP(C)/3545/2025 · 2025-03-18

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:22851 WP(C) NO. 3545 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 3545 OF 2025 PETITIONER: NADHIRSHA V.A., AGED 50 YEARS S/O. ABDUL KAREEM, VADAKKETHOLAKKARA HOUSE, EDATHALA NORTH P.O., ERNAKULAM DISTRICT, PIN - 683561 BY ADVS. SALIM V.S. A.M.FOUSI A.B.AJIN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY COLLECTOR (LA), COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030 3 AGRICULTURAL OFFICER, KRISHIBHAVAN, EDATHALA, ERNAKULAM, PIN - 683563 2025:KER:22851 WP(C) NO. 3545 OF 2025 2 4 THE VILLAGE OFFICER, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT, PIN – 683563 BY ADV ADV K.AMMINIKUTTY., SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22851 WP(C) NO. 3545 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having an extent of 12.11 Ares of property comprised in Resurvey Nos.246/8 and 246/9 of Aluva East Village, Aluva Taluk.. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as 'Nilam' 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.P4 application in Form 5 on 28.11.2024. 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, the learned Government Pleader for the respondents, 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 2025:KER:22851 WP(C) NO. 3545 OF 2025 4 officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of two months 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.P4 application and pass appropriate orders thereon in accordance with law, within a period of three months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:22851 WP(C) NO. 3545 OF 2025 5 APPENDIX OF WP(C) 3545/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1403/2008 DATED 12.03.2008. Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 15.11.2024 ISSUED FROM ALUVA EAST VILLAGE Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY AGICULTURE OFFICER, KRISHI BHAVAN, EDATHALA Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM-5 DATED 28.11.2024 Exhibit P5 THE TRUE COPY OF THE RECEIPT OF APPLICATION IN FORM-5 DATED 04.12.2024