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2025:KER:20320 WP(C)No.9333 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 9333 OF 2025 PETITIONER/S: 1 ANOOP T.I., AGED 43 YEARS S/O. ITTIRA, THALIYAKKUZHI (H), ERAVATHOOR, CHALAKUDY,THRISSUR DISTRICT, PIN - 680307 2 GIFTY , AGED 41 YEARS W/O ANOOP T.I, THALIYAKKUZHI (H), ERAVATHOOR, CHALAKUDY,THRISSUR DISTRICT, PIN - 680307 BY ADV M.S.SHAMLA RESPONDENT/S: 1 THE REVENUE DIVISIONAL OFFICER , OFFICE OF THE REVENUE DIVISIONAL OFFICER,FORT KOCHI, ERNAKULAM, PIN - 682001 2 THE DEPUTY COLLECTOR (LR), COLLECTORATE ,KAKANAD, ERNAKULAM, PIN - 682030 3 THE AGRICULTURAL OFFICER , KRISHIBHAVAN, PARAKADAVU,ERNAKULAM, PIN - 683579 4 THE VILLAGE OFFICER, PARAKADAVU VILLAGE OFFICE, ERNAKULAM, PIN - 683579 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:20320 WP(C)No.9333 of 2025 2 J U D G M E N T The petitioner is the owner in possession of property having an extent of 10 Ares 14 Sq.Mtrs of land comprised in Re.Survey No.104/1-7 in Block No.6 of Parakkadavu Village, Aluva Taluk of Ernakulam District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as
“Nilam”, 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.P3 application in Form-5 on
19.02.2025. 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 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 2nd respondent, the authorized officer under Section 2(xvA) of
2025:KER:20320 WP(C)No.9333 of 2025 3 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 2nd respondent, the authorized officer as referred to above shall take up Ext.P3 application and pass appropriate orders thereon in accordance with law, within a period of six months from the date of receipt of such report.
The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/22.03
2025:KER:20320 WP(C)No.9333 of 2025 4 APPENDIX OF WP(C) 9333/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT WITH T.P.NO.10909DATED 19.02.2025 Exhibit P2 TRUE COPY OF THE EXTRACT OF DATA BANK PUBLISHED IN GAZETTE NOTIFICATION DATED 23.2.2012 Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED UNDER FORM 5 DATED 19-02-2025 SUBMITTED BEFORE THE RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE