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2025 DAILYLAW 5173 (KER)

BENNY MENACHERY, v. STATE OF KERALA,

WP(C)/11802/2025 · 2025-03-25

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25515 WP(C) NO. 11802 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 11802 OF 2025 PETITIONER: BENNY MENACHERY, AGED 56 YEARS S/O.OUSEPH,RESIDING AT ANAPPARA P.O., MOOKANOOR, ANGAMALY, PIN - 683581 BY ADVS. MANAVI MURALEEDHARAN ANJANA K.P. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, STATUTE JUNCTION, THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 683577 2 THE DISTRICT COLLECTOR, ERNAKULAM, DISTRICT COLLECTORATE, KAKKANAD, KAKKANAD.P.O.,ERNAKULAM DISTRICT, PIN - 682030 3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, K B JACOB ROAD, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 2025:KER:25515 WP(C) NO. 11802 OF 2025 2 4 THE AGRICULTURAL OFFICER, KRISHIBHAVAN, ANGAMALY, MINI CIVIL STATION, SECOND, ANGAMALY, KERALA, PIN - 683101 5 THE VILLAGE OFFICER, VILLAGE OFFICE, ANGAMALY MANJAPRA RD, ANGAMALY, KERALA, PIN - 683572 6 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY CONVENOR, KRISHIBHAVAN, ANGAMALY,MINI CIVIL STATION, SECOND, ANGAMALY, KERALA, PIN – 683101 BY ADV SMT.DEEPA.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25515 WP(C) NO. 11802 OF 2025 3 JUDGMENT The petitioner is the owner of the property having an extent of 8 Ares and 14 Square Meters comprised in Survey No: 295/12-2 of Angamaly Village in Aluva Taluk in Ernakulam District. The grievance of the petitioner is that, the said property was wrongly described as “paddy land” in the revenue records even though the same was removed from the Data Bank as per Ext.P3 order dated 10.11.2024. Therefore, an application in Form 6 which is produced as Ext.P4, has been submitted by the petitioner, before the 3rd respondent, and it is now pending consideration since 21.02.2025. The limited prayer sought by the petitioner is to direct the 3rd respondent 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 5th respondent shall forward a report as to the nature of the property of the 2025:KER:25515 WP(C) NO. 11802 OF 2025 4 petitioner, to the 3rd 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 3rd respondent or the authorized officer as referred to above shall take up Ext.P4 application and appropriate orders thereon shall be passed in accordance with law, within a period of six months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:25515 WP(C) NO. 11802 OF 2025 5 APPENDIX OF WP(C) 11802/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO 2722/12 OF ANGAMALY SUB REGISTRY EXECUTED IN FAVOUR OF THE PETITIONER DATED 18.06.2012 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ANGAMALY DATED 21.12.2024 Exhibit P3 TRUE COPY OF THE ORDER DATED 10/11/2024 Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 21.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT