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W.P.(C.) No. 7170 of 2025 1 2025:KER:24525 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. 7170 OF 2025 PETITIONERS: HASSANKUTTY, AGED 66 YEARS S/O MOIDEENKUTTY, MALAYILKALATHIL HOUSE, HASSASS, VATTPPARAMBU, CHALIYAM P.O., KADALUNDI VILLAGE, KOZHIKODE, PIN - 673301 BY ADVS. SHARAN SHAHIER RHEA SHERRY TREESA SHAJI SONA BENNY ANGELINA JOY ADITHYAN C.
AQEEL MUHAMMED K.H. RESPONDENTS: 1 STATE OF KERALA, STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE REVENUE DIVISIONAL OFFICER, OPPS GOVT. PWD REST HOUSE, OLD BUSTAND, PUTHIYAPPU, VADAKARA, KERALA, PIN - 673101 3 THE VILLAGE OFFICER, KADALUNDI VILLAGE, KOZHIKODE, KERALA, PIN - 673302 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. 7170 of 2025 2 2025:KER:24525 ZIYAD RAHMAN A.A., J. --------------------------------- W.P.(C.) No. 7170 of 2025 ------------------------------------- Dated this the 21st day of February, 2025 JUDGMENT The petitioner is the owner in possession of property having an extent of 11 Ares 78.62Sq.Mts of land comprised in Re.Sy.No. 168/43 in Block No.001 of Kadalundi Village in Kozhikode Taluk in Kozhikode District. The grievance of the petitioner is that, the said property is described as ‘Nilam’ 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.P2, has been submitted by him, before the 2nd respondent, and it is now pending consideration since 02.01.2025. 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 3rd 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. 7170 of 2025 3 2025:KER:24525 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.P2 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. 7170 of 2025 4 2025:KER:24525 APPENDIX OF WP(C) 7170/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL11011005322/2024 DATED 16.05.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 02.01.2025 Exhibit P3 A TRUE COPY OF THE FEE RECEIPT BEARING NO. KL11011000094/2025 DATED 03.01.2025