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2025 DAILYLAW 3735 (KER)

NASEERA, v. THE DISTRICT COLLECTOR,

WP(C)/6949/2025 · 2025-02-21

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

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W.P.(C.) No. 6949 of 2025 1 2025:KER:24521 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946 WP(C) NO. 6949 OF 2025 PETITIONERS: 1 NASEERA, AGED 40 YEARS D/O.MOIDEEN KOYA, KUNNUMMAL CHALIL HOUSE, PANDIKODE, KOZHIKODE, PIN - 673525 2 MUHAMMED SAHAL T.K., AGED 21 YEARS S/O.MOIDEEN KOYA,KUNNUMMAL CHALIL HOUSE, PANDIKODE, KOZHIKODE, PIN - 673525 3 MOHSIN T.K., AGED 19 YEARS S/O. MOIDEEN KOYA, KUNNUMMAL CHALIL HOUSE, PANDIKODE, KOZHIKODE, PIN - 673525 BY ADVS. FARHANA K.H. MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 2 THE REVENUE DIVISIONAL OFFICER, KOZHIKODE REVENUE DIVISIONAL OFFICER,CIVIL STATION, WAYANAD ROAD,ERANHIPPALAM, KOZHIKODE, PIN - 673020 3 THE DEPUTY COLLECTOR (RR), COLLECTORATE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 W.P.(C.) No. 6949 of 2025 2 2025:KER:24521 4 THE TAHSILDAR, KOZHIKODE TALUK OFFICE,WAYANAD ROAD, CIVIL STATION,ERANHIPPALAM, KOZHIKODE, PIN - 673020 5 THE VILLAGE OFFICER, VENGERI VILLAGE OFFICE, GROUND FLOOR, B BLOCK, CIVIL STATION, VENGERI, KOZHIKODE, PIN - 673020 SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.) No. 6949 of 2025 3 2025:KER:24521 ZIYAD RAHMAN A.A., J. --------------------------------- W.P.(C.) No. 6949 of 2025 ------------------------------------- Dated this the 21st day of February, 2025 JUDGMENT The petitioner is the owner in possession of property having an extent of 1 Are 82.5 Sq.Mts of land comprised in Re.Sy.No.592/4G in Block No.002 of Vengeri Village in Kozhikode Taluk in Kozhikode District. The grievance of the petitioner is that, the said property is described as ‘Nanja’ in the revenue records even though the same was excluded from the Data Bank. Therefore, an application in Form 6 which is produced as Ext.P3, has been submitted by him, before the 3rd respondent, and it is now pending consideration since 13.01.2025. 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 and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly it is ordered that, the 5th respondent shall forward a report as to the nature of the property of the petitioner, to the 2nd respondent or the authorized officer under W.P.(C.) No. 6949 of 2025 4 2025:KER:24521 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 2nd respondent or the authorized officer shall take up Ext.P3 application and appropriate orders thereon shall be passed in accordance with law, within a period of five months from the date of receipt of such report. The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE sjb/21.02.2025 W.P.(C.) No. 6949 of 2025 5 2025:KER:24521 APPENDIX OF WP(C) 6949/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 02.12.2024 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13.01.2025 Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 14.01.2025