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2025 DAILYLAW 3577 (KER)

NOUSHAD S., v. STATE OF KERALA,

WP(C)/5957/2025 · 2025-03-10

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:20325 WP(C)No.5957 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 5957 OF 2025 PETITIONER/S: NOUSHAD S., AGED 45 YEARS MAMBRATHEKKETHIL HOUSE, SOORANAD P.O., SOORANAD SOUTH, KOLLAM DISTRICT, PIN - 690522 BY ADV ABHILASH S.FRANCIS RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR, PATHANAMTHITTA, 2ND FLOOR, COLLECTORATE RD, PATHANAMTHITTA, PIN - 689645 3 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ADOOR, PATHANAMTHITTA, PIN - 691523 4 VILLAGE OFFICER, PATHANAMTHITTA VILLAGE, VILLAGE OFFICE, COLLECTORATE ROAD, PATHANAMTHITTA, PIN - 689645 5 LOCAL LEVEL MONITORING COMMITTEE, (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER) KRISHI BHAVAN, PATHANAMTHITTA, PIN - 689645 6 AGRICULTURAL OFFICER, KRISHI BHAVAN, PATHANAMTHITTA, PIN - 689645 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:20325 WP(C)No.5957 of 2025 2 J U D G M E N T The petitioner who is the owner in possession of property having an extent of 3.24 Ares of land comprised in Sy.No.91/10-A-1 in Block No.0012 of Pathanamthitta Village in Kozhenchery Taluk in Pathanamthitta District, has approached this Court being aggrieved by the inaction on the part of the 3rd respondent in considering Ext.P4 application submitted by the petitioner in Form-6. According to the petitioner, even though the said application was submitted as early as on 06.01.2023, the same has not been disposed so far. 2. The learned Government Pleader upon instructions submitted that, a defect was noted on Ext.P4 and the same was intimated to the petitioner. But the defect was cured and the application was resubmitted only on 18.02.2025. 3. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am of the view that, since the defect on Ext.P4 is admittedly cured and resubmitted, it is only proper that a decision thereon be taken by the 3rd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 2025:KER:20325 WP(C)No.5957 of 2025 3 Accordingly it is ordered that, the 4th respondent shall forward a report as to the nature of the property of the petitioner, to the 3rd respondent or the authorized 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 and thereupon, the 3rd respondent or the authorized officer shall take up Ext.P4 application and appropriate orders thereon shall be passed in accordance with law, within a period of three months from the date of receipt of such report. The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/22.03 2025:KER:20325 WP(C)No.5957 of 2025 4 APPENDIX OF WP(C) 5957/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE SALE DEED DATED 09.02.2022 Exhibit-P2 A TRUE COPY OF THE TAX RECEIPT DATED 10.08.2022 OF PATHANAMTHITTA VILLAGE Exhibit-P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.01.2023 ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA VILLAGE Exhibit-P4 THE TRUE COPY OF FORM.6 APPLICATION DATED 06.01.2023 Exhibit-P5 A TRUE COPY OF THE RECEIPT OF FEE PAID BY THE PETITIONER FOR CONVERSION OF LAND DATED 06.01.2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE