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2025 DAILYLAW 4616 (KER)

ABDULLA C., v. THE REVENUE DIVISIONAL OFFICER,

WP(C)/10503/2025 · 2025-03-24

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26133 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 10503 OF 2025 PETITIONER/S: ABDULLA C., AGED 81 YEARS S/O. ABDUL KHADER, ARADHANA, KOVOOR, MEDICAL COLLEGE P.O., KOZHIKKODE DISTRICT, PIN - 673008 BY ADVS. BABU S. NAIR SMITHA BABU RESPONDENT/S: 1 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ERANHIPALAM, KOZHIKKODE, KOZHIKKODE DISTRICT, PIN - 673020 2 THE VILLAGE OFFICER, OLAVANNA VILLAGE, KOZHIKKODE DISTRICT, PIN - 673019 3 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, OLAVANNA, KOZHIKKODE DTC., PIN - 673019 W.P.C No. 10503 of 2025 2 2025:KER:26133 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 10503 of 2025 3 2025:KER:26133 JUDGMENT The petitioner is the owner of the property having an extent of 40 Ares 48.58 Sq. Meters comprised in Sy.No.197/9 in Block No.002 of Olavanna Village in Kozhikode District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as “Nanja”, 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 22.01.2025. 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, the learned Government Pleader for the respondents, 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 W.P.C No. 10503 of 2025 4 2025:KER:26133 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 five months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 10503 of 2025 5 2025:KER:26133 APPENDIX OF WP(C) 10503/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTIES ISSUED FROM THE VILLAGE OFFICE, OLAVANNA, DATED, 27-7-2024 Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 5 BEFORE THE FIRST RESPONDENT DATED, 22- 1-2025 Exhibit P3 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF APPLICATION FEE BY THE PETITIONER DATED, 22-1-2025