2025:KER:26118 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 11796 OF 2025 PETITIONER/S: TOMY JOSEPH @KUNJUMON, AGED 59 YEARS S/O. JOSEPH V,KOTTAYIL HOUSE, PERIYAR NAGAR, THOTTAKKATTUKARA, ALUVA, ERNAKULAM, PIN - 683108 BY ADVS. T.R.RAJESH JALAJAMANI K.R. RESPONDENT/S: 1 THE REVENUE DIVISION OFFICER, OFFICE OF THE REVENUE DIVISION OFFICER, FORT KOCHI, PIN - 682001 2 THE DEPUTY COLLECTOR(RR), FIRST FLOOR, CIVIL STATION, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030 3 THE VILLAGE OFFICER, PUNITHURA VILLAGE, ERNAKULAM, PIN - 682038 Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 11796 of 2025 2 2025:KER:26118 JUDGMENT The petitioner is the owner of the property having an extent of 8 Ares 9 Sq. Meters comprised in Sy.Nos.244/1-5 and 244/1-6 in Block No.001 of Punithura Village in Ernakulam District. The grievance of the petitioner is that, the said property has been described as “Nilam” in the revenue records. It was pointed out that the same has been already removed from the Data Bank as per Ext.P12 order dated 02.08.2024. In such circumstances the petitioner submitted Ext.P13 application in Form 6 which is now pending consideration since 03.09.2024. The limited prayer sought by the petitioner is to direct the respondents 1 and 2 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 3rd respondent shall forward a report regarding the nature of the property of the petitioner to the 2nd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and W.P.C No. 11796 of 2025 3 2025:KER:26118 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 2nd respondent, the authorized officer as referred to above, on Ext. P13 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. 11796 of 2025 4 2025:KER:26118 APPENDIX OF WP(C) 11796/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE REGISTERED WILL DEED EXECUTED BY LATE JAMES GEORGE IN FAVOUR OF THE PETITIONER VIDE WILL DEED NO.3/2022/III DATED 24.12.2021 REGISTERED AT THE SUB REGISTRAR’S OFFICE, MARADU Exhibit -P2 TRUE COPY OF THE DEATH CERTIFICATE ISSUED FROM THE KOCHI MUNICIPAL CORPORATION DATED 08.07.2022 Exhibit -P3 TRUE COPY OF THE LAND TAX PAID RECEIPT ISSUED VIDE RECEIPT NO.KL07022008113/2024 DATED 14.05.2024 Exhibit -P4 TRUE COPY OF THE EXTRACT OF THANDAPER ACCOUNT /ROR IN RESPECT OF THE PROPERTY IN SY.NO.244/1-5 ISSUED VIDE SL.NO.2022/19901/07 DATED 19.03.2022 Exhibit -P5 TRUE COPY OF THE EXTRACT OF THANDAPER ACCOUNT IN RESPECT OF PROPERTY IN SY.NO.244/1-6 ISSUED VIDE SL.NO.2022/19903/07 DATED 19.03.2022 Exhibit -P6 TRUE COPY OF THE BUILDING PERMIT ISSUED IN FAVOUR OF THE TESTATOR OF THE WILL FROM THE TOWN PLANNING DEPARTMENT OF CORPORATION OF KOCHI VIDE ORDER NO.IP3- 670/84 DATED 17.07.1984 Exhibit -P7 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED FROM THE KOCHI MUNICIPAL CORPORATION EVIDENCING PAYMENT OF THE PROPERTY TAX VIDE RECEIPT DATED 12.01.2018. W.P.C No. 11796 of 2025 5 2025:KER:26118 Exhibit -P8 TRUE COPY OF THE PROPERTY TAX RECEIPT EVIDENCING PAYMENT OF THE PROPERTY TAX UP TO THE YEAR 2024-2025 VIDE RECEIPT NO.R- C070100-24303939DATED 17/3/2025 Exhibit -P9 TRUE COPY OF THE RELEVANT PAGES OF THE PROPERTY IS INCLUDED AS CULTIVABLE PADDY LAND AND WET LAND U/S 45 (1) OF THE KERALA CONSERVATION OF PADDY LAND & WET LAND ACT, 2008 NOTIFICATION ISSUED BY THE COCHIN MUNICIPAL CORPORATION VIDE NOTIFICATION NO.MOP 5/3850/21 DATED 22.02.2021 Exhibit -P10 TRUE COPY OF THE APPLICATION SUBMITTED BY LATE JAMES GEORGE DATED 12.04.2022 Exhibit -P11 TRUE COPY OF FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.03.2024 Exhibit -P12 TRUE COPY OF THE ORDER NO.71/2024 DATED 02.08.2024 ISSUED BY THE 1ST RESPONDENT Exhibit -P13 : TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 03.09.2024. Exhibit -P14 TRUE COPY OF THE APPLICATION STATUS OF FORM 6 APPLICATION DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE REVENUE DEPARTMENT DATED NIL