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2025 DAILYLAW 5400 (KER)

ABDUL GAFOOR, v. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,

WP(C)/12039/2025 · 2025-03-27

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26259 WPC.No.12039/25 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12039 OF 2025 PETITIONER: ABDUL GAFOOR, AGED 49 YEARS, S/O.MUHAMMED, RESIDING AT KALLAN HOUSE, MELATTUR, MELATTUR P.O, MALAPPURAM DISTRICT, PIN – 679 326. BY ADV.K.ABOOBACKER SIDHEEQUE RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, OFFICE OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA P.O, MALAPPURAM DISTRICT, PIN – 679 322. 2 THE VILLAGE OFFICER, MELATTUR VILLAGE OFFICE, MELATTUR P.O, MALAPPURAM DISTRICT, PIN – 679 326. 3 THE THAHASILDAR (LAND RECORDS), PERINTHALMANNA TALUK OFFICE, PERINTHALMANNA P.O, MALAPPURAM DISTRICT, PIN – 679 322. Smt.Amminikutty.K, Sr.Government Pleader THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26259 WPC.No.12039/25 2 JUDGMENT The petitioner is the absolute owner in possession of 0.1769 hectares of property comprised in Block No.1 and Re- Survey No.313/2-2 in Melattur Village, Perinthalmanna Taluk, Malappuram District. Grievance of the petitioner is that, even though the property of the petitioner is not included in the Data Bank prepared for the purpose of Kerala Conservation of Paddy Land and Wetland Act, 2008, the same is described as ‘Nilam’ in the revenue records. In such circumstances, for classifying the property in the revenue records as dry land, the petitioner submitted Ext.P2 application in Form-6 on 04.02.2025. 2. Limited prayer sought by the petitioner is to direct the 1st respondent before whom the said application is pending to pass orders thereon within a time frame. 3. 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 2nd respondent Village Officer shall forward a report regarding the nature of 2025:KER:26259 WPC.No.12039/25 3 the property of the petitioner to the 1st 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. Upon receipt of the said report, appropriate orders on Ext.P2 application shall be passed by the 1st respondent or the authorized officer as referred above within a period of five months from the date of receipt of a copy of the said report. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/28.3.25 2025:KER:26259 WPC.No.12039/25 4 APPENDIX OF WP(C) 12039/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 18.12.2024 ISSUED BY THE SECOND RESPONDENT. Exhibit-P2 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 6) DATED 04.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S 27A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.