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2025 DAILYLAW 4266 (KER)

DIVYASREE, v. THE AUTHORISED OFFICER UNDER THE PADDY LAND AND WET LAND ACT,

WP(C)/9465/2025 · 2025-03-13

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:22791 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 WP(C) NO. 9465 OF 2025 PETITIONER(S): DIVYASREE, AGED 41 YEARS W/O. SAMEER P, PASHNATH HOUSE, NADUVODI NILAM PRAMBA, KALLAI P.O, KOZHIKODE DISTRICT, PIN – 673003 BY ADV SAIGI JACOB PALATTY RESPONDENT ( S ) : 1 THE AUTHORISED OFFICER UNDER THE PADDY LAND AND WET LAND ACT, DEPUTY COLLECTOR (RR), COLLECTRATE, KOZHIKODE CIVIL STATION, ERANHIPALAM P.O, KOZHIKODE DISTRICT, PIN - 673020 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOZHIKODE , ERANHIPALAM P.O, KOZHIKODE DISTRICT, PIN - 673020 3 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, OLAVANNA, OLAVANNA P.O, KOZHIKODE DISTRICT, PIN - 673014 4 THE VILLAGE OFFICER, OLAVANNA VILLAGE OFFICE, OLAVANNA P.O, KOZHIKODE DISTRICT, PIN - 673014 SMT.PREETHA.K.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22791 WP(C) NO. 9465 OF 2025 2 J U D G M E N T The petitioner is the owner in possession of property having an of extent 5 Are 73.8 Sq. Meter comprised in Survey Nos. 103/26, 103/24 and 103/25 of Olavanna Village. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as paddy land, 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 21.02.2023. 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 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 regarding the nature of the 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 one month from the date of receipt of a copy of this judgment. 2025:KER:22791 WP(C) NO. 9465 OF 2025 3 Thereupon, the 1st respondent, 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 one month from the date of receipt of such report. The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE mea 2025:KER:22791 WP(C) NO. 9465 OF 2025 4 APPENDIX OF WP(C) 9465/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LAND TAX RECEIPT DATED 13.07.2024 Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION 1/2023/1452238 DATED 21.02.2023 IN THE 1ST RESPONDENT OFFICE