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2025 DAILYLAW 4347 (KER)

ABDUL KADER, v. THE DISTRICT COLLECTOR, MALAPPURAM,

WP(C)/9686/2025 · 2025-03-13

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

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2025:KER:22958 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. 9686 OF 2025 PETITIONER (S) : ABDUL KADER, AGED 64 YEARS S/O. MOHAMMED, KUNNATHAKATH, NEAR MAHILA SAMAJAM THRIKKAVU ROAD, PONNANI,MALAPPURAM DISTRICT, KERALA, PIN - 679577 BY ADVS. SHERRY J. THOMAS JOEMON ANTONY ANTONY NILTON REMELO RENISH RAVEENDRAN ANJANA P.V. RESPONDENT (S) : 1 THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE MALAPPURAM, CONFERENCE HALL COLLECTORATE ROAD, UP HILL MALAPPURAM DISTRICT, KERALA, PIN - 676505 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, TIRUR – THRIKKANDIYOOR ROAD, TIRUR KERALA, PIN - 676101 3 THE DEPUTY COLLECTOR (RR), PONNANI TALUK OFFICE, MALAPPURAM, PONNANI, KERALA, PIN - 679577 4 THE TAHSILDAR (LR), PONNANI TALUK OFFICE, MALAPPURAM, PONNANI, KERALA, PIN - 679577 5 THE AGRICULTURAL OFFICER, 2025:KER:22958 WP(C) NO. 9686 OF 2025 2 EZHUVATHIRUTHI KRISHIBHAVAN, PONNANI ROAD, MALAPPURAM, PONNANI, KERALA, PIN - 679577 6 THE VILLAGE OFFICER, EZHUVATHIRUTHI VILLAGE OFFICE, PUNNAMED ROAD, MALAPPURAM DISTRICT, KERALA, PIN - 679586 7 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, EZHUVATHIRUTHI KRISHIBHAVAN, PONNANI ROAD, MALAPPURAM, PONNANI, KERALA, PIN - 679577 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:22958 WP(C) NO. 9686 OF 2025 3 J U D G M E N T The petitioner and his wife are the owners in possession of property having an extent of 4.86 Ares of the property in Block No.8 in Survey Nos.181/5-1, 181/4-1 of Ezhuvathiruthi Village, Ponnani Taluk of Malappuram District. The grievance of the petitioner is that the petitioner's property has been wrongfully included in the Data Bank, eventhough the property was reclaimed prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Therefore, the petitioner submitted Ext.P2 application in Form 5 on 09.01.2025. The limited prayer sought by the petitioner is to direct the 3rd 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 6th respondent shall forward a report regarding the nature of the property of the petitioner, to the 3rd respondent, the authorized officer under Section 2025:KER:22958 WP(C) NO. 9686 OF 2025 4 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 3rd 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. The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE mea 2025:KER:22958 WP(C) NO. 9686 OF 2025 5 APPENDIX OF WP(C) 9686/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 6TH RESPONDENT OFFICE DATED 06-01-2025 Exhibit P2 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH HIS WIFE DATED 09-01-2025 Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 09- 01-2025