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2025 DAILYLAW 5220 (KER)

MURALI MOHAN K., v. THE DISTRICT COLLECTOR,

WP(C)/11769/2025 · 2025-03-25

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

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2025:KER:25516 WP(C) NO. 11769 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. 11769 OF 2025 PETITIONER: MURALI MOHAN K., AGED 53 YEARS S/O. N SAROJINI AMMA, MURALI VIHAR, SANKARAPURAM ROAD, KILLANNUR P.O., MULANKUUNNATHUKAVU, THRISSUR, PIN - 680581 BY ADVS. FARHANA K.H. MUHASIN K.M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 2 THE REVENUE DIVISIONAL OFFICER, THRISSUR REVENUE DIVISIONAL OFFICE, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 2025:KER:25516 WP(C) NO. 11769 OF 2025 2 3 THE DEPUTY COLLECTOR (RR), FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 4 THE TAHSILDAR, THRISSUR TALUK OFFICE, TOWN HALL, W PALACE ROAD, CHEMBUKAVU, THRISSUR, PIN - 680020 5 THE AGRICULTURAL OFFICER, MULANKUNNATHUKAVU KRISHI BHAVAN,KILLANNUR, MULANKUNNATHUKAVU, THRISSUR, PIN - 680581 6 THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN – 695033 BY ADV SMT.AMMINIKUTTY.K, SR.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:25516 WP(C) NO. 11769 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having a total extent of 68.81 Ares, out of which 37.45 Ares is comprised in Survey Nos.737/2-3 (23.29 Ares) and 737/2-4 (14.16 Ares) of Killannur Village, Thrissur Taluk of Thrissur District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank and mentioned as 'Nilam' in the revenue records, 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 11.02.2025 for removal of entry of 37.45 Ares of the property from the Data Bank. The limited prayer sought by the petitioner is to direct the 2nd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 to pass orders thereon within a time frame. After hearing the learned counsel for the petitioner, the 2025:KER:25516 WP(C) NO. 11769 OF 2025 4 learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 5th respondent shall forward a report regarding the nature of the 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. Thereupon, the 3rd respondent, 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 five months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:25516 WP(C) NO. 11769 OF 2025 5 APPENDIX OF WP(C) 11769/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 10.12.2024 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK OF MULANKUNNATHUKAVU GRAMA PANCHAYATH DATED 16.01.2021 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 11.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 11.02.2025 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION