MALIK MOHAMMED SHABEER, v. REVENUE DIVISIONAL OFFICER,
WP(C)/10437/2025 · 2025-03-18
Ziyad Rahman A A
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4611 (KER) · dailylaw.ai ]
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[ 2025 DAILYLAW 4611 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:22864 WP(C) NO. 10437 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. 10437 OF 2025 PETITIONERS: 1 MALIK MOHAMMED SHABEER, AGED 57 YEARS, TC 16/302 HARSHAM, E.V. ROAD, JAGATHI, THYKKAD, TRIVANDRUM, PIN - 695014 2 ANILA VALIAVEETTIL HAMEED, AGED 49 YEARS, TC 16/302 HARSHAM, E.V. ROAD, JAGATHI, THYKKAD, TRIVANDRUM, PIN - 695014 BY ADVS. JOPHY POTHEN KANDANKARY NOUFAL V. HAMEED RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER, KANAYANNUR TALUK, KB JACOB ROAD, FORT KOCHI, PIN - 682001 2 DEPUTY COLLECTOR (LR), COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
2025:KER:22864 WP(C) NO. 10437 OF 2025 2 3 AGRICULTURAL OFFICER, FIRST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX, VYTTILA JUNCTION, MAHAKAVI VAILOPPILLI ROAD, KOCHI, PIN - 682019 4 VILLAGE OFFICER, CHERANALLUR, CHITTOOR ROAD, NEAR CHITTOR TEMPLE, CHITTOOR, ERNAKULAM, PIN - 682027 5 LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, 1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX, VYTTILA JUNCTION, MAHAKAVI VAILOPPILLI ROAD, KOCHI, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, PIN - 682019 6 KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE, C BLOCK VIKAS BHAWAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR, PIN – 695033 BY ADV ADV AMMINIKUTTY K., SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:22864 WP(C) NO. 10437 OF 2025 3 JUDGMENT The petitioners are the co-owners in possession of property having an extent of 8.29 Ares comprised in Sy.Nos.1151/7 and 1151/8 in Cheranallur Village, Kanayannur Taluk, Ernakulam District. The grievance of the petitioner is that, the property of the petitioners has been wrongfully included in the Data Bank as ‘partially converted’, 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.P2 application in Form 5 on
22.02.2025. The limited prayer sought by the petitioner is to direct the 1st respondent/2nd respondent to pass orders thereon within a time frame. After hearing the learned counsel for the petitioner, the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 2nd respondent or the 3rd respondent shall forward a report regarding the nature of the
2025:KER:22864 WP(C) NO.
10437 OF 2025 4 property of the petitioner, to the 1st respondent or the authorized 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.P2 application and pass appropriate orders thereon 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:22864 WP(C) NO. 10437 OF 2025 5 APPENDIX OF WP(C) 10437/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK NOTIFIED IN THE OFFICIAL STATE GAZETTE VOL. X DATED 25.02.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF APPLICATION IN FORM 5 AND THE RECEIPT OF PAYMENT OF FEE SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF TAX RECEIPT PAYING TAX UNDER THE THUNDAPER NO. 5635 OF CHERANALLUR VILLAGE DATED 04.01.2025