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2025:KER:26648 WP(C)No.8118 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. 8118 OF 2025 PETITIONER/S:
PRAMOD KUMAR, AGED 53 YEARS S/O. VENUGOPAL, KARIKKANTHARA HOUSE, MUPPATHADOM, ALUVA, ERNAKULAM DISTRICT, PIN - 683110 BY ADV R.RAJASREE (CHUTTIMATTATHIL) RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001 2 THE DY.COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 3 THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE,MARINE DRIVE,ERNAKULAM DISTRICT, PIN - 682001 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26648 WP(C)No.8118 of 2025 2 J U D G M E N T The petitioner is the owner in possession of property having an extent of 1.22 Ares of land comprised in Survey Nos. 988/4-3 and 994/7-7 in Block No.001 of Ernakulam Village, Kanayanur Taluk of Ernakulam 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. The property of the petitioner has been removed from the Data Bank as per Ext.P4 order dated 22.06.2024. 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 01.08.2024. 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 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
2025:KER:26648 WP(C)No.8118 of 2025 3 the property of the petitioner, to the 2nd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within a period of one month from the date of receipt of a copy of this judgment and thereupon, the 2nd respondent, the authorized officer shall take up Ext.P2 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.
Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03
2025:KER:26648 WP(C)No.8118 of 2025 4 APPENDIX OF WP(C) 8118/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGEMENT OF THIS HONOURBALE COURT IN WP NO.44309/2023 DATED 04.01.2024 Exhibit P2 TRUE COPY OF THE RECEIPT OF THE ONLINE STATUS OF FORM 6 APPLICATION NO.42/2024/127661 DATED 1/8/2024 Exhibit P3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER ON 19/08/2023 Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS NO.7955/2024 OF SUB COLLECTOR FORT KOCHI DATED 22.06.2024 REMOVING THE PROPERTY HAVING AN EXTENT OF 1.22 ARES IN SY NO.988/4-3, 994/7-7 OF ERNAKULAM VILLAGE FROM THE DATA BANK Exhibit P5 THE TRUE COPY OF THE FORM 6 APPLICATION DATED 1/8/2024 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE