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2025 DAILYLAW 4682 (KER)

T. U. KURUVILLA, v. THE DISTRICT COLLECTOR,

WP(C)/12715/2025 · 2025-03-27

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26594 WP(C) NO. 12715 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12715 OF 2025 PETITIONER: T. U. KURUVILLA, AGED 86 YEARS S/O. UTHUPP, THOMBRAYIL HOUSE, KARINGAZHA CHELAD, KOTHAMANGALAM, ERNAKULAM, PIN - 686681 BY ADVS. FARHANA K.H. MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE IDUKKI, KUYILIMALA, IDUKKI, PIN - 685603 2 THE SUB COLLECTOR / REVENUE DIVISIONAL OFFICER, DEVIKULAM REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI, PIN - 685613 3 THE TAHSILDAR, DEVIKULAM TALUK OFFICE, DEVIKULAM CIRCULAR ROAD, DEVIKULAM, IDUKKI, PIN - 685613 2025:KER:26594 WP(C) NO. 12715 OF 2025 2 4 THE AGRICULTURAL OFFICER, ADIMALI KRISHIBHAVAN, POLINJAPALAM, ADIMALI, IDUKKI, PIN - 685561 5 THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN – 695033 BY ADV SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26594 WP(C) NO. 12715 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having an extent of 88.77 Ares, out of which 7.56 Ares is comprised in Survey No. 853/43 of Mannamkandam Village in Devikulam Taluk in Idukki 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.P3 application in Form 5 on 26.07.2024 for removal of the entry of 7.56 Ares of the property comprised in Survey No. 853/43 from the Data Bank. The limited prayer sought by the petitioner is to direct the 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 4th respondent shall 2025:KER:26594 WP(C) NO. 12715 OF 2025 4 forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or 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 2nd respondent or the authorized officer as referred to above shall take up Ext.P3 application and pass appropriate orders thereon in accordance with law, within a period of three months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:26594 WP(C) NO. 12715 OF 2025 5 APPENDIX OF WP(C) 12715/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 22.06.2024 ALONG WITH TYPED LEGIBLE COPY Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK ALONG WITH TYPED LEGIBLE COPY Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 26.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 05.08.2024 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION