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2025:KER:26592 WP(C) NO. 11520 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. 11520 OF 2025 PETITIONER:
PAUL EDACHERIL MATHEW, AGED 83 YEARS S/O. LATE E.P. MATHEW, EDACHERIL HOUSE, ANGAMALY, ERNAKULAM DISTRICT, NOW RESIDING AT 101, AMBERLEIGH DR, SILVER SPRING, MD 20905, UNITED STATE OF AMERICA. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MATHEW K. SAMUEL, S/O. SAMUEL K.M, RESIDING AT KOLAKOTTU, MANJAPRA ROAD, PARAKKADAVU, ANGAMALY, ERNAKULAM DISTRICT, PIN - 683579 BY ADVS. P.MAYA M.M.DEEPA SUDHA N. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2025:KER:26592 WP(C) NO. 11520 OF 2025 2 2 THE REVENUE DIVISIONAL OFFICER, ERNAKULAM REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 3 THE VILLAGE OFFICER, ANGAMALY VILLAGE OFFICE, ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572 *ADDL.4 THE AGRICULTURAL OFFICER ANGAMALY KRISHI BHAVAN, MINI CIVIL STATION, ANGAMALY, ERNAKULAM DISTRICT 683572 *IS IMPLEADED AS ADDL.R4 AS PER ORDER DATED 27.03.2025 IN I.A. NO.2/2024 IN WP(C) NO.11520 OF 2025 BY ADV SMT.DEEPA.V, 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:26592 WP(C) NO. 11520 OF 2025 3
JUDGMENT The petitioner is the owner in possession of property having an extent of 44.05 Ares comprised in Sy. No. 355/7 in Block No. 011 of Angamaly Village of Ernakulam District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as paddy land, 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 22.11.2024. 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 for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the additional 4th respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or
2025:KER:26592 WP(C) NO. 11520 OF 2025 4 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 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:26592 WP(C) NO. 11520 OF 2025 5 APPENDIX OF WP(C) 11520/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 06.03.2025 EXECUTED BY THE PETITIONER IN FAVOUR OF MATHEW K. SAMUEL Exhibit P2 TRUE COPY OF THE PHOTOGRAPH OF THE SUBJECT PROPERTY OWNED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION BEARING APPLICATION NO. 2/2024/1907963 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.11.2024 Exhibit P4 TRUE COPY OF THE TAX RECEIPT BEARING RECEIPT NO. KL07041605248/2024 DATED 08.05.2024 ISSUED BY ANGAMALY VILLAGE OFFICE