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2025 DAILYLAW 4432 (KER)

BINSHA M., v. DEPUTY COLLECTOR (RR),

WP(C)/9976/2025 · 2025-03-18

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:22853 WP(C) NO. 9976 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 9976 OF 2025 PETITIONER: BINSHA M., AGED 52 YEARS, W/O. PRAKASAN. N.K., RESIDING @ 'VINAYAKAM HOUSE, IRINGALLUR, G.A. COLLEGE P.O., KOZHIKODE DT., PIN - 673014 BY ADV AFTHABUDHEEN P.K RESPONDENTS: 1 DEPUTY COLLECTOR (RR), KOZHIKODE CIVIL STATION, KOZHIKODE, PIN - 673020 2 VILLAGE OFFICER, OLAVANNA VILLAGE OFFICE, KUNNATHUPALAM, G.A. COLLEGE P.O., KOZHIKODE DT., PIN - 673014 3 AGRICULTURAL OFFICER, OLAVANNA KRISHI BHAVAN, KUNNATHUPALAM, G.A. COLLEGE P.O., KOZHIKODE DT., PIN – 673014 2025:KER:22853 WP(C) NO. 9976 OF 2025 2 4 REVENUE DIVISIONAL OFFICER, KOZHIKODE CIVIL STATION, KOZHIKODE, PIN – 673020 BY ADV ADV DEEPA V., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22853 WP(C) NO. 9976 OF 2025 3 JUDGMENT The petitioner is the owner of the property having an extent of 4 Ares and 12.95 Square Meters comprised in Survey No. 42/48, in Olavanna village, Kozhikode Taluk, Kozhikode District. The grievance of the petitioner is that, the said property was wrongly described as ‘nanja’ in the revenue records even though the same is not included in the Data Bank. Therefore, an application in Form 6 which is produced as Ext.P2, has been submitted by the petitioner, before the 1st respondent, and it is now pending consideration since 05.03.2025. 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 2nd respondent shall forward a report as to the nature of the property of the petitioner, to the 1st respondent, the authorized officer under 2025:KER:22853 WP(C) NO. 9976 OF 2025 4 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 and thereupon, the 1st respondent, the authorized officer as referred to above shall take up Ext.P2 application and appropriate orders thereon shall be passed in accordance with law, within a period of six months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:22853 WP(C) NO. 9976 OF 2025 5 APPENDIX OF WP(C) 9976/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF GAZATTE OF DATA BANK- PAGE 58 OF 79, AS NOT INCLUDED IN THE DATA BANK, BY THE AGRICULTURAL OFFICER, OLAVANNA KRISHI BHAVAN, AS RE-SY. NO. 42/5, DATED NIL, IN FURTHERANCE OF THE FORM 5 APPLICATION Exhibit P2 TRUE COPY OF THE APPLICATION IN FORM 6, DATED 05.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE FEE RECEIPT TOWARDS FORM 6, DATED 05.03.2025 Exhibit P4 TRUE COPY OF THE BASIC LAND TAX RECEIPT, DATED 27.04.2024