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2025 DAILYLAW 5445 (KER)

DAVID JOY, v. THE DISTRICT COLLECTOR,

WP(C)/12130/2025 · 2025-03-27

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26224 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. 12130 OF 2025 PETITIONER/S: DAVID JOY, AGED 28 YEARS S/O. P D JOY, PERIKILATHU HOUSE, RAMAMANGALAM, ERNAKULAM, PIN - 686663 BY ADVS. FARHANA K.H. MUHASIN K.M. RESPONDENT/S: 1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 2 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, PIN - 686673 3 THE TAHSILDAR, MUVATTUPUZHA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, PATTIMATTOM - MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, PIN - 686673 W.P.C No. 12130 of 2025 2 2025:KER:26224 4 THE AGRICULTURAL OFFICER, RAMAMANGALAM KRISHI BHAVAN,RAMAMANGALAM, ERNAKULAM, PIN - 686663 5 THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 12130 of 2025 3 2025:KER:26224 JUDGMENT The petitioner is the owner of the property having an extent of 10 Ares 73 Sq. Meters comprised in Sy.Nos.632/14-3, 632/3A1-7 and 632/3A2-6 in Block No.001 of Ramamangalam Village in Ernakulam 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.P3 application in Form 5 on 06.02.2025. The limited prayer sought by the petitioner is to direct the 2nd 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 4th respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or the W.P.C No. 12130 of 2025 4 2025:KER:26224 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 2nd respondent or 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 rpk W.P.C No. 12130 of 2025 5 2025:KER:26224 APPENDIX OF WP(C) 12130/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 31.05.2024 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 06.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 06.02.2025 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION