2025:KER:22973 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. 9687 OF 2025 PETITIONER(S): 1 M V BIBI, AGED 45 YEARS D/O.LATE M V BALAN, LALITHA NIVAS, ERANHIPALAM (PO), KOZHIKODE, PIN - 673006 2 M V BIJI, AGED 51 YEARS D/O.LATE M V BALAN, PUTHOOR KARTHIKA, SATELLITE TOWNSHIP EXTENSION, KAKKANAD (PO), ERNAKULAM, PIN - 682030 3 M V BINDU, AGED 54 YEARS D/O.LATE M V BALAN, 'AMBADY;, MELE EDAVALATH, GURUDEV ROAD, MALAPARAMABA (PO), KOZHIKODE, PIN - 673009 4 M V BEENA, AGED 49 YEARS D/O.LATE M V BALAN, SUJALAYALAM, KOLLAM (PO), KOZHIKODE, PIN - 673307 BY ADVS. K.V.RASHMI LAKSHMI RAHUL ANIL RESPONDENT(S): 1 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, CIVIL STATION (PO), KOZHIKODE, 2025:KER:22973 WP(C) NO. 9687 OF 2025 2 PIN – 673020. 2 THE VILLAGE OFFICER, CHEVAYUR VILLAGE OFFICE, PAROPPADI (PO), KOZHIKODE, PIN – 673012. 3 THE LOCAL LEVEL MONITORING COMMITTEE, KOZHIKODE CORPORATION, UNDER THE KERALA PADDY AND WETLAND ACT, 2008, REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PUTHIYARA (PO), KOZHIKODE, PIN - 673004 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:22973 WP(C) NO. 9687 OF 2025 3 J U D G M E N T The petitioners are the owners in possession of property having an extent of 25 cents comprised in Re.Sy.No.302/3 of Chevayur Village in Kozhikode Taluk in Kozhikode District. The grievance of the petitioners is that, the said property was wrongly included in the draft data bank as ‘wetland’. The petitioners challenged the same before this Court by filing WP(C) No. 28618 of 2021. 2. During the pendency of the writ petition, the 3rd respondent submitted their report favouring the petitioners, and accordingly, this Court directed the petitioners to invoke the provisions of Rule 12 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioners invoked the said provision by submitting an application in Form 6 before the 1st respondent. 2025:KER:22973 WP(C) NO. 9687 OF 2025 4 3. It is reliably learned that the Village Officer, the 2nd respondent herein, had already submitted their report, but no orders have been passed by the 1st respondent till date. Hence, being aggrieved by the laxity on the part of the 1st respondent, the above writ petition is filed. 4. 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 if the report of the Village Officer has already been received by the 1st respondent or the authorized officer, he shall take up the Form 6 application and pass appropriate orders thereon within a period of one month from the date of receipt of a copy of this judgment. In case no report is submitted as mentioned above, the same shall be submitted by the Village Officer and it shall be submitted within a period of two weeks from the date of receipt of copy of this judgment and the 1st respondent 2025:KER:22973 WP(C) NO. 9687 OF 2025 5 shall take a decision 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:22973 WP(C) NO. 9687 OF 2025 6 APPENDIX OF WP(C) 9687/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.KKB145/15-16 DATED NIL Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS DISCLOSING THE LAY OF THE SUBJECT PROPERTY AS WELL AS THE ADJACENT PROPERTIES Exhibit P3 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE CORPORATION OF KOZHIKODE DATED 29.07.2022 Exhibit P3(A) TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE CORPORATION OF KOZHIKODE DATED 19.03.2023 Exhibit P3(B) TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE CORPORATION OF KOZHIKODE DATED 29.07.2022 Exhibit P3(C) TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE CORPORATION OF KOZHIKODE DATED 23.07.2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 23.08.2023 IN W.P.(C)NO.28618 OF 2021 Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 18.09.2023 Exhibit P5(A) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 19.03.2023 Exhibit P5(B) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 05.11.2022 Exhibit P5(C) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 09.09.2023