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2025 DAILYLAW 5246 (KER)

SHAJAHAN K.A., v. THE REVENUE DIVISIONAL OFFICER,

WP(C)/11847/2025 · 2025-03-25

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25513 WP(C) NO. 11847 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. 11847 OF 2025 PETITIONER: SHAJAHAN K.A., AGED 57 YEARS S/O ABDUL JABBAR, RESIDING AT KATTISSERY HOUSE, PACHALAM P.O, THRIKANARVATTOM DESOM, ERNAKULAM DISTRICT, KERALA, PIN - 682012 BY ADVS. R.O.MUHAMED SHEMEEM NASEEHA BEEGUM P.S. ABIDHA M.A. RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, THE REGIONAL DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM DISTRICT, KERALA, PIN - 682001 2 THE DEPUTY COLLECTOR(RR), KAKKANAD, ERNAKULAM, ERNAKULAM DISTRICT, PIN - 682030 3 THE AGRICULTURE OFFICER, KUNNUMPURAM, PADAMUGHAL, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 2025:KER:25513 WP(C) NO. 11847 OF 2025 2 4 THE VILLAGE OFFICER, DISTRICT COURT ERNAKULAM, KOCHI, ERNAKULAM DISTRICT, PIN - 682011 5 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM JUNCTION, STATUE PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN – 695001 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:25513 WP(C) NO. 11847 OF 2025 3 JUDGMENT The petitioner is the owner of the property having an extent of 1 Are 24 Square Meters comprised in Survey No. 86/2-2-3, in Ernakulam Village in Kanayannur Taluk in Ernakulam District. The grievance of the petitioner is that, the said property was wrongly described as “nilam” in the revenue records even though the same was removed from the Data Bank as per Ext.P2 order dated 10.06.2024 from the Data Bank. Therefore, an application in Form 6 which is produced as Ext.P3, has been submitted by the petitioner, before the 1st respondent, and it is now pending consideration since 24.06.2024. The limited prayer sought by the petitioner is to direct the respondents 1 and 2 or any person under them 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 4th respondent shall forward a report as to the nature of the property of the petitioner, to 2025:KER:25513 WP(C) NO. 11847 OF 2025 4 the 2nd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of one month from the date of receipt of a copy of this judgment and thereupon, the 2nd respondent, the authorized officer as referred to above shall take up Ext.P3 application and appropriate orders thereon shall be passed in accordance with law, within a period of two months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:25513 WP(C) NO. 11847 OF 2025 5 APPENDIX OF WP(C) 11847/2025 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE SALE DEED NO. 1286 /2022 DATED 08.04.2022 OF ERNAKULAM SUB REGISTER OFFICE EXHIBIT-P2 A TRUE COPY OF THE PROCEDURE NO. 7522/2024, DATED 10/06/2024 OF KOCHI SUB COLLECTOR EXHIBIT-P3 A TRUE COPY OF THE APPLICATION DATED 24/06/2024 OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 Exhibit P4 A TRUE COPY OF THE WET-LAND THARAM MATTAL RECEIPT NO. KL07022214719/2022, DATED 07.11.2022.