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2025 DAILYLAW 5052 (KER)

AUGUSTINE JIMMY, v. THE DISTRICT COLLECTOR, ERNAKULAM,

WP(C)/11459/2025 · 2025-03-28

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27251 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11459 OF 2025 PETITIONER/S: AUGUSTINE JIMMY, AGED 60 YEARS,S/O. JOSE, PANAKKAL HOUSE, NJARAKKAL, ERNAKULAM, PIN - 682505 BY ADVS. SHERRY J. THOMAS JOEMON ANTONY RENISH RAVEENDRAN ANTONY NILTON REMELO ANJANA P.V. RESPONDENT/S: 1 THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI, KERALA, PIN - 682030 2 THE REVENUE DIVISIONAL OFFICER, 1ST FLOOR TALUK OFFICE, K.B. JACOB ROAD, FORT KOCHI, ERNAKULAM, KERALA, PIN - 682001 3 THE DEPUTY COLLECTOR (RR), COLLECTORATE, CIVIL STATION, KAKKANAD,ERNAKULAM, KOCHI, KERALA, PIN - 682030 4 THE TAHSILDAR(LR), KANAYANNOOR TALUK OFFICE, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE, KOCHI, ERNAKULAM, KERALA, PIN - 682011 W.P.C No. 11459 of 2025 2 2025:KER:27251 5 THE VILLAGE OFFICER, POONITHURA VILLAGE OFFICE, VYTTILA P.O., ERNAKULAM DISTRICT, KERALA, PIN - 682019 6 THE AGRICULTURAL OFFICER, KRISHIBHAVAN, VYTTILA, 1ST FLOOR COCHIN CORPORATION, VYTTILA SHOPPING COMPLEX, KOCHI, ERNAKULAM, KERALA, PIN - 682019 7 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, VYTTILA, 1ST FLOOR COCHIN CORPORATION, VYTTILA SHOPPING COMPLEX, KOCHI, ERNAKULAM, KERALA, PIN - 682019 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 11459 of 2025 3 2025:KER:27251 JUDGMENT The petitioner is the owner of the property having an extent of 1 Are 52 Sq. Meteres comprised in Sy.No.516/1-19 in Block No.001 of Poonithura Village in Ernakulam District. The grievance of the petitioner is that, the said property has been described as “Nilam” in the revenue records, even though the same has been already removed from the Data Bank after considering the application submitted by the petitioner in Form 5 as per Ext.P2 order dated 20.06.2024. In such circumstances the petitioner submitted Ext.P5 application in Form 6 and it is now pending consideration since 28.06.2024. The limited prayer sought by the petitioner is to direct the 2nd and 3rd respondents to pass orders thereon within a time frame. 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 6th respondent shall forward a report regarding the nature of the property of the petitioner to the 3rd respondent, the authorized officer under W.P.C No. 11459 of 2025 4 2025:KER:27251 Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within a period one month from the date of receipt of a copy of this judgment and thereupon, the orders shall be passed by the 3rd respondent, the authorized officer as referred to above, on Ext. P5 application in accordance with law, within a period of three months from the date of receipt of a copy of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 11459 of 2025 5 2025:KER:27251 APPENDIX OF WP(C) 11459/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 20-06-2024 ISSUED FROM THE POONITHURA VILLAGE OFFICE Exhibit P2 THE TRUE COPY OF THE ORDER DATED 20-06- 2024 IN THE FORM 5 APPLICATION OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30-07-2022 ISSUED FROM THE POONITHURA VILLAGE OFFICE TO THE PETITIONER Exhibit P4 THE TRUE COPY OF THE SCREENSHOT OF THE FORM 6 APPLICATION STATUS IN CONNECTION WITH HIS APPLICATION NO. 7/2024/122673 APPLIED ON 28-06-2024, NOW PENDING WITH THE CLERICAL SECTION OF THE DEPUTY COLLECTOR (RR) Exhibit P5 THE TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER DATED 28-06- 2024