Extracted from the PDF above. The PDF is authoritative.
2025:KER:21796 WPC.8268/25 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 8268 OF 2025 PETITIONER:
S.MANI NAIR, AGED 59 YEARS, S/O.SETHUMADHAVAN NAIR, NADAKKAVIL, SREE SAI BHAVAN, THIRUVILWAMALA, KANIYARKODE, THRISSUR DISTRICT, PIN – 680 588.
BY ADV.M.R.JAYALATHA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 REVENUE DIVISIONAL OFFICER, THE OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN – 680 003. 3 DEPUTY COLLECTOR, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 680 582. 4 AGRICULTURE OFFICER, KRISHI BHAVAN, THALAPPILLY,
2025:KER:21796 WPC.8268/25 2 THRISSUR DISTRICT, PIN – 680 582. 5 VILLAGE OFFICER, KANIYARKODE VILLAGE, THIRUVILWAMALA. P.O, THRISSUR DISTRICT, PIN – 680 582.
Smt.Deepa.V, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:21796 WPC.8268/25 3
JUDGMENT
The petitioner is presently the owner of the property having an extent of 6 Ares 46 Sq.meter of land comprised in Survey No.890/2-6 in Block No.77 of Kaniyarkode Village in Thalappilly Taluk.
2. The case of the petitioner is that, even though the property is reclaimed much prior to the enactment of the Kerala Conservation of Paddy Land and Wet land Act, 2008 (hereinafter called the Paddy Land Act), the same is included in the Data Bank prepared under the provisions of the Paddy Land Act. Earlier, the predecessor in interest of the petitioner submitted Ext.P5 application in Form-5 as early as on
25.08.2022. The said application is even now pending
consideration and the petitioner purchased the property vide Ext.P2 on 17.12.2022, i.e., after the submission of Ext.P4. The limited prayer sought by the petitioner is to direct the 2nd respondent to pass orders on Ext.P4 application.
3. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to
2025:KER:21796 WPC.8268/25 4 dispose of this writ petition. Since the petitioner has purchased the property as evidenced by Ext.P2, he had stepped into the shoes of the previous owner who submitted Ext.P4 application and therefore, he is entitled to pursue the same. In such circumstances, this writ petition is disposed of. Accordingly, it is ordered that, the 4th respondent Agricultural Officer shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or 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. Thereupon, the 2nd respondent or 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 one month from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/14.3.25
2025:KER:21796 WPC.8268/25 5 APPENDIX OF WP(C) 8268/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE PROPERTY Exhibit P2 A TRUE COPY OF THE DOCUMENT NO.
2408/2022 DATED 17.12.2022 OF SRO PAZHAYANNUR Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.11.2024 ISSUED BY KANIYARKODE VILLAGE OFFICER Exhibit P4 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.08.2022