GINOY JOSEPH, v. THE DISTRICT COLLECTOR ALAPPUZHA,
WP(C)/10590/2025 · 2025-03-18
Ziyad Rahman A A
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4655 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4655 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:22858 WP(C) NO. 10590 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. 10590 OF 2025 PETITIONER:
GINOY JOSEPH, AGED 45 YEARS, S/O. JOSEPH, CHENOTH JISTO VILLA, KOKKOTHAMANGALAM, CHERTHALA, ALAPPUZHA, KERALA, PIN - 688583 BY ADVS. SHERRY J. THOMAS JOEMON ANTONY RENISH RAVEENDRAN ANTONY NILTON REMELO ANJANA P.V. RESPONDENTS: 1 THE DISTRICT COLLECTOR ALAPPUZHA, COLLECTORATE, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN - 688001 2 THE REVENUE DIVISIONAL OFFICER ALAPPUZHA, KIDANGAMPARAMP, THONDALKULANGARA, THATHAMPALLY, ALAPPUZHA, KERALA, PIN - 688013
2025:KER:22858 WP(C) NO. 10590 OF 2025 2 3 THE DEPUTY COLLECTOR (DM), COLLECTORATE, COLLECTORATE, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN - 688001 4 THE TAHSILDAR (LR), CHERTHALA TALUK OFFICE, POLICE STATION ROAD,NEAR MINI CIVIL STATION, CHERTHALA, ALAPPUZHA, KERALA, PIN - 688524 5 THE AGRICULTURAL OFFICER, AGRICULTURAL OFFICER THANNEERMUKKOM, CHERTHALA, THANNEERMUKKOM ROAD, VELLIYAKULAM, KOKKOTHAMANGALAM, CHERTHALA, ALAPPUZHA, KERALA, PIN - 688527 6 THE VILLAGE OFFICER, KOKOOTHAMANGALAM VILLAGE OFFICE, VARANAD, ALAPPUZHA, KERALA, PIN - 688543 7 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER THANNEERMUKKOM, CHERTHALA, THANNEERMUKKOM ROAD, VELLIYAKULAM, KOKKOTHAMANGALAM, CHERTHALA, ALAPPUZHA, KERALA, PIN – 688527 BY ADV DEEPA V., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:22858 WP(C) NO. 10590 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having an extent of 10.10 Ares comprised in Survey Nos.437/3 (7.27 Ares) and 437/17 (2. 83 Ares) in Block No.23 of Kokothamangalam Village of Cherthala Taluk of Alappuzha District. The grievance of the petitioner is that, an extent of 2. 83 Ares of property comprised in Survey No.437/17 is 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.P2 application in Form 5 on 06.05.2024, seeking to remove the property from the Data Bank. The limited prayer sought by the petitioner is to direct the respondents 2 and 3 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
2025:KER:22858 WP(C) NO. 10590 OF 2025 4 dispose of this writ petition.
Accordingly, it is ordered that, the 5th respondent shall forward a report regarding the nature of the property of the petitioner, to the 3rd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of one month from the date of receipt of a copy of this judgment. Thereupon, the 3rd respondent, 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 two months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs
2025:KER:22858 WP(C) NO. 10590 OF 2025 5 APPENDIX OF WP(C) 10590/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM THE OFFICE OF 6TH RESPONDENT DATED 04-03-2025 Exhibit P2 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 06-05-2024