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2025:KER:22850 WP(C) NO. 9355 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. 9355 OF 2025 PETITIONER:
MOYITTY C.T., AGED 69 YEARS, S/O. KATHALI, RESIDING @ REJULAS HOUSE, PALAZHI, G.A. COLLEGE P.O., KOZHIKODE DT., PIN - 673014 BY ADV AFTHABUDHEEN P.K RESPONDENTS: 1 THE DEPUTY COLLECTOR (RR), KOZHIKODE CIVIL STATION, KOZHIKODE, PIN - 673020 2 VILLAGE OFFICER, PANTHEERANKAVU VILLAGE OFFICE, ARAPPUZHA, PANTHEERANKAVU P.O., KOZHIKODE DT., PIN - 673019 3 AGRICULTURAL OFFICER, OLAVANNA KRISHI BHAVAN, KUNNATHUPALAM, G.A. COLLEGE P.O., KOZHIKODE DT., PIN - 673014 4 REVENUE DIVISIONAL OFFICER, KOZHIKODE CIVIL STATION, KOZHIKODE, PIN – 673020
2025:KER:22850 WP(C) NO. 9355 OF 2025 2 BY ADV SMT.AMMINIKUTTY K., SR.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:22850 WP(C) NO. 9355 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having an extent of 12 Ares 28.57 Square Meters comprised in Survey Nos. 12/141, 12/142, 12/143, and 12/18 in Pantheerankavu village, Kozhikode Taluk, Kozhikode District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as ‘nanja’, even though the said land stood reclaimed even prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Therefore, the petitioner submitted Ext.P2 application in Form 5 on 01.02.2025. The limited prayer sought by the petitioner is to direct the 1st respondent to pass orders thereon within a time frame. After hearing the learned counsel for the petitioner, the learned Government Pleader for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 2nd respondent shall forward a report regarding the nature of the
2025:KER:22850 WP(C) NO. 9355 OF 2025 4 property of the petitioner, to the 1st respondent, 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. Thereupon, the 1st respondent, the authorized officer as referred to above shall take up Ext.P2 application and pass appropriate orders thereon in accordance with law, within a period of five months from the date of receipt of such report.
Sd/- ZIYAD RAHMAN A.A. JUDGE scs
2025:KER:22850 WP(C) NO. 9355 OF 2025 5 APPENDIX OF WP(C) 9355/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, PANTHEERANKAVU TO THE PETITIONER HEREIN, IN RESPECT OF AFORE PROPERTY, TOWARDS THE PURPOSE OF CONVERSION OF NATURE OF LAND, HAVING NO. 113/25, DATED 25.01.2025 Exhibit P2 TRUE COPY OF THE APPLICATION IN FORM 5, DATED 01.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT Exhibit P3 TRUE COPY OF THE REMITTED REQUISITE FEES FOR THE FORM 5 APPLICATION DATED 04.02.2025