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2025 DAILYLAW 4376 (KER)

CHANDRAN, v. THE REVENUE DIVISIONAL OFFICER,

WP(C)/9719/2025 · 2025-03-13

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

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2025:KER:23159 WP(C) NO. 9719 OF 2025 1 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. 9719 OF 2025 PETITIONER(S): CHANDRAN, AGED 70 YEARS S/O SANKARAN,KALLINGALPARAMBU, BANK ROAD, ALATHUR,PALAKKAD DISTRICT, PIN – 678541. BY ADV RAJESH SIVARAMANKUTTY RESPONDENT ( S ) : 1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD,OFFICE OF THE REVENUE DIVISIONAL OFFICER,PALAKKAD, (DISTRICT LEVEL AUTHORIZED COMMITTEE UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008)., PIN – 678001. 2 THE AGRICULTURAL OFFICER, ALATHUR,OFFICE OF THE AGRICULTURAL OFFICER, ALATHUR,PALAKKAD DISTRICT, LOCAL LEVEL MONITORING COMMITTEE UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008)., PIN – 678541. 3 THE VILLAGE OFFICER, ALATHUR VILLAGE,ALATHUR, PALAKAKD DISTRICT, PIN – 678541. SMT.DEEPA.V, 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:23159 WP(C) NO. 9719 OF 2025 2 J U D G M E N T The petitioner is the owner in possession of property having an extent of 1.38 Ares of land comprised in Survey No. 30/6 in Block No.27 of Alathur Village, Alathur Taluk of Palakkad 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.P4 application in Form 5 on 29.11.2024. 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 2nd respondent shall forward a report regarding the nature of the property of the petitioner, to the 1st respondent or the authorized 2025:KER:23159 WP(C) NO. 9719 OF 2025 3 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 or the authorized officer as referred to above shall take up Ext.P4 application and pass appropriate orders thereon in accordance with law, within a period of four months from the date of receipt of such report. The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE mea 2025:KER:23159 WP(C) NO. 9719 OF 2025 4 APPENDIX OF WP(C) 9719/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED SALE DEED NO. 818/2018 OF SRO, ALATHUR DATED 15- 3-2018 EXECUTED IN FAVOR OF PETITIONER Exhibit P-2 A TRUE COPY OF LAND TAX RECEIPT DATED 01-10-2024 ISSUED TO THE PETITIONER BY 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1-11-2024 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 29- 11-2024 BEFORE THE 1ST RESPONDENT