Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 4726 (KER)

M.N ABDUL RASHEED, v. REVENUE DIVISIONAL OFFICER,

WP(C)/10658/2025 · 2025-03-20

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27863 WP(C) No.10658 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WP(C) NO. 10658 OF 2025 PETITIONER/S: 1 M.N ABDUL RASHEED, AGED 64 YEARS S/O.MOITHEENKUTTY HAJI, PUTHANPEEDIYEKKAL (H),THIRURANGADY P.O, MALAPPURAM, PIN - 676306 2 T.K ABDUL NASAR, AGED 67 YEARS S/O.P.M PAREEKUTTY, 41/19 ZAITH (H),KILPAKKATH DAMODARA MOORTHY ROAD,CHENNAI, TAMIL NADU, PIN - 600010 3 KUNJIPARAMBATH SURESH BABU, AGED 68 YEARS S/O.KUNJIPARAMBATH GOVINDAN, HOUSE NO.13,ROYAPETTIL SREEPURAM FIRST STREET,CHENNAI,TAMIL NADU, PIN - 600014 4 A.V ANOOP, AGED 64 YEARS S/O.A.G VASAVAN, HOUSE NO.291-292,KAMBAR COLONY, 18TH MAIN ROAD,ANNANAGAR WEST, CHENNAI, TAMIL NADU, PIN - 600040 BY ADVS. JUSTINE JACOB MERIN JOSE JOSEPH SHANSTON VIJO JOSE ARSHID P. NOUSHAD MALAVIKA RADHAKRISHNAN SUMESH P.S. 2025:KER:27863 WP(C) No.10658 OF 2025 2 RESPONDENT/S: 1 REVENUE DIVISIONAL OFFICER, KOZHIKODE,CIVIL STATION JUMA MASJID, SH29, ERANHIPPALAM, KOZHIKODE,KERALA, PIN - 673020 2 VILLAGE OFFICER, PUTHIYANGADI, BHATT RD, WEST HILL, KOZHIKODE,KERALA, PIN - 673005 3 LOCAL LEVEL MONITORING COMMITTEE, REP. BY ITS CONVENER, AGRICULTURE OFFICER,KRISHIBHAVAN KOZHIKODE,PUTHIYAYARA, PIN - 673004 OTHER PRESENT: Parvathy.K, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27863 WP(C) No.10658 OF 2025 3 J U D G M E N T The petitioners are the absolute owner and in possession of total extent of 87 Ares and 53.6 square meters of land out of which, an extent of 42.73 Ares, comprising in 7 Ares and 89.4 square meters in Re.Sy.No. 102/39, 13 Ares and 54.8 square meters in Re.Sy.No. 102/43, 8 Ares and 90 square meters in Re.Sy.No. 104/2, 8 Ares and 50 square meters in Re.Sy.No. 104/3A, 2 Ares and 43 square meters in Re.Sy.No. 104/3B, and 1 Are and 45.8 square meters in Re.Sy.No. 104/52 in Block No. 3 of Puthiyangadi Village in Kozhikode Taluk, Kozhikode District is classified as "Nanja " in Exhibit P1 land Tax receipt. 2.The grievance of the petitioner is that the 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 7 which is produced as Ext.P3 dated 01.02.2025, has been submitted by him, before the 1st respondent, and it is now pending consideration. The limited prayer sought by 2025:KER:27863 WP(C) No.10658 OF 2025 4 the petitioner is to direct the 2nd respondent to pass orders thereon within a time frame. 3. 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 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 and thereupon, the 1st respondent or the authorized officer shall take up Ext.P3 application and appropriate orders thereon shall be passed in accordance with law, within a period of five months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/0204 2025:KER:27863 WP(C) No.10658 OF 2025 5 APPENDIX OF WP(C) 10658/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 15.10.2024 Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.01.2025 Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 01.02.2025, SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM NO. 7 Exhibit P4 A TRUE COPY OF RECIPIT RECIVIED WHILE FILING EXHIBIT P3 APPLICATION DATED 01.02.2025 Exhibit P5 A TRUE COPY OF THE EXTRACT OF THE DATA BANK ISSUED BY THE 3RD RESPONDENT