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2025:KER:30314 WPC.No.8545/25 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 8545 OF 2025 PETITIONERS: 1 SUHRA, AGED 54 YEARS, D/O.VAYSIYAR MUHAMMED HAJI, PANACHIKKAL HOUSE, KOTTUPATTA, NARUKARA (P.O.), MALAPPURAM DISTRICT, PIN – 676 122. 2 SAJITHA, AGED 54 YEARS, D/O. KALATHINGAL ABUBACKER, PANACHIKKAL HOUSE, KOTTUPATTA, NARUKARA (P.O.), MALAPPURAM DISTRICT, PIN – 676 122. 3 ABDUL RASAK, AGED 61 YEARS, S/O.PANDHAKKAD ABDUL HAJI, PANACHIKKAL HOUSE, KOTTUPATTA, NARUKARA (P.O.), MALAPPURAM DISTRICT, PIN – 676 122. 4 MUHAMMEDALI, AGED 64 YEARS, S/O.PANACHIKKAL ALAVIKUTTY, PANACHIKKAL HOUSE, KOTTUPATTA, NARUKARA (P.O.), MALAPPURAM DISTRICT, PIN – 676 122. BY ADVS. NIRMAL DAS P.
SIDHARTH O.
2025:KER:30314 WPC.No.8545/25 2 RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN – 695 001. 2 REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, REVENUE DIVISIONAL OFFICE, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN – 679 322. 3 AGRICULTURAL OFFICER, MANJERI, KRISHI BHAVAN, MANJERI, MALAPPURAM, PIN – 676 517. 4 VILLAGE OFFICER, MANJERI, VILLAGE OFFICE, MANJERI, MALAPPURAM DISTRICT, PIN – 676 517. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:30314 WPC.No.8545/25 3 JUDGMENT The petitioner is the absolute owner in possession of properties having an extent of 8 Ares in Survey Nos.27/28-1 and 27/28-2 of Manjeri Village, Eranad Taluk, Malppuram District. Grievance of the petitioner is that, even though the property of the petitioner is not included in the Data Bank prepared for the purpose of Kerala Conservation of Paddy Land and Wetland Act, 2008, the same is described as ‘Nilam’ in the revenue records. In such circumstances, for classifying the property in the revenue records as dry land, the petitioner submitted Ext.P4 application in Form-6 on 19.02.2025. 2. Limited prayer sought by the petitioner is to direct the 2nd respondent before whom the said application is pending to pass orders thereon within a time frame. 3. 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 4th respondent Village Officer shall forward a report regarding the nature of the
2025:KER:30314 WPC.No.8545/25 4 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 two months from the date of receipt of a copy of this judgment. Upon receipt of the said report, appropriate orders on Ext.P4 application shall be passed by the 2nd respondent or the authorized officer as referred above within a period of five months from the date of receipt of a copy of the said report. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/8.4.25
2025:KER:30314 WPC.No.8545/25 5 APPENDIX OF WP(C) 8545/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE LAND TAX RECEIPT ISSUED BY THE LAND REVENUE DEPARTMENT DATED 11.04.2024 Exhibit P2 TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE DATED 05.11.2024 ISSUED BY THE MANJERI VILLAGE OFFICE Exhibit P3 TRUE PHOTOSTAT COPY OF THE ORDER DATED 17.02.2025 OF THE DEPUTY COLLECTOR (L.R.), RDO FOR ERNAD TALUK IN APPLICATION NO. 46/2024/1142691 Exhibit P4 TRUE PHOTOSTAT COPY OF THE FORM 6 APPLICATION DATED 19.02.2025 SUBMITTED BEFORE THE 2ND RESPONDENT