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2025 DAILYLAW 5325 (KER)

SAJU DAVIS, v. THE STATE OF KERALA,

WP(C)/11902/2025 · 2025-03-24

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26123 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. 11902 OF 2025 PETITIONER/S: SAJU DAVIS, AGED 53 YEARS S/O DAVIS, RESIDING IN THE ADDRESS KUTTIKKATT HOUSE, PAZHUVIL P O, THRISSUR DISTRICT, PIN - 680564 BY ADV G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 DISTRICT COLLECTOR, OFFICE OF DISTRICT COLLECTOR, FIRST FLOOR CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003 3 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION, CIVIL LINE ROAD, AYYANTHOLE, THRISSUR DISTRICT, PIN – 680003 W.P.C No. 11902 of 2025 2 2025:KER:26123 4 THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, ALAPPAD, PORATHUR, THRISSUR DISTRICT, PIN - 680571 5 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CHAZHUR, PAZHUVIL WEST P O, THRISSUR DISTRICT, PIN - 680564 OTHER PRESENT: 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. 11902 of 2025 3 2025:KER:26123 JUDGMENT The petitioner is the owner of the property having an extent of 5 Ares 66 Sq. Meters comprised in Sy.Nos.641/2-14 and 641/2-6 in Block No.026 of Alappad Village in Thrissur District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as “Nilam”, 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.P 4 application in Form 5 on 15.11.2024. 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, the learned Government Pleader for the respondents, 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 or the W.P.C No. 11902 of 2025 4 2025:KER:26123 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 or the authorized officer as referred to above, shall take up Ext.P4 application and pass appropriate orders thereon in accordance with law, within a period of three months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 11902 of 2025 5 2025:KER:26123 APPENDIX OF WP(C) 11902/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED BEARING NO 2560 OF 2015 OF THE ANTHIKKAD S R O DATED 12-11-2015 Exhibit P2 TRUE COPY OF SALE DEED 1814 OF 2018 OF THE ANTHIKKAD S R O DATED 1-12-2018 Exhibit P3 TRUE COPY OF GAZETTE NOTIFICATION DATED 20-10-2023 PUBLISHED BY THE GOVERNMENT OF THE CHAZHUR GRAMA PANCHAYATH Exhibit P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 15 – 11- 2024 WITH THE RECEIPT FOR PAYMENT OF AMOUNTS AS FEES Exhibit P5 TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 12- 02-2019 Exhibit P6 TRUE COPY OF TAX RECEIPT ISSUED TO THE PETITIONER DATED 4-5-2024 Exhibit P7 TRUE COPY OF RECEIPT OF PROPERTY TAX REMITTED BY THE PETITIONER DATED 23-11- 2022