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2025 DAILYLAW 5102 (KER)

CHANDRAN, v. THE DISTRICT COLLECTOR,

WP(C)/11698/2025 · 2025-03-27

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26274 WPC.No.11698/25 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.11698 OF 2025 PETITIONERS: CHANDRAN, AGED 51 YEARS, S/O.KANDAN K, CWRDM QUARTERS, NO.308, KARANTHOOR P.O, KUNNAMANGALAM, KOZHIKODE, PIN – 673 570. BY ADVS. FARHANA K.H. MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN – 673 020. 2 THE REVENUE DIVISIONAL OFFICER, KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN – 673 020. 3 THE DEPUTY COLLECTOR (RR), COLLECTORATE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN – 673 020. 4 THE TAHSILDAR, KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN – 673 020. 2025:KER:26274 WPC.No.11698/25 2 5 THE VILLAGE OFFICER, KUNNAMANGALAM VILLAGE OFFICE, KARANTHOOR MEDICAL COLLEGE ROAD, KARANTHUR, KOZHIKODE, PIN – 673 570. Smt.Deepa.V, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26274 WPC.No.11698/25 3 JUDGMENT The petitioner is the absolute owner in possession of an extent of 2.49 Ares of land, comprised in Survey Nos.66/8 of Kunnamangalam Village in Kozhikode Taluk, Kozhikode District. Grievance of the petitioner is that, even though the property of the petitioner is not included in the Data Bank prepared for the purpose of Kerala Conservation of Paddy Land and Wetland Act, 2008, the same is described as ‘Nanja’ in the revenue records. In such circumstances, for classifying the property in the revenue records as dry land, the petitioner submitted Ext.P3 application in Form-6 on 13.02.2025. 2. Limited prayer sought by the petitioner is to direct the 2nd respondent before whom the said application is pending 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 5th respondent Village Officer shall forward a report regarding the nature of the 2025:KER:26274 WPC.No.11698/25 4 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 two months from the date of receipt of a copy of this judgment. Upon receipt of the said report, appropriate orders on Ext.P3 application shall be passed by the 3rd respondent, the authorized officer as referred above within a period of five months from the date of receipt of a copy of the said report. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/27.3.25 2025:KER:26274 WPC.No.11698/25 5 APPENDIX OF WP(C) 11698/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 26.02.2021 Exhibit P2 TRUE COPY OF THE ORDER DATED NIL ISSUED BY THE DEPUTY COLLECTOR (RR), KOZHIKODE Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13.02.2025 ALONG WITH SURVEY SKETCH Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 13.02.2025