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2025 DAILYLAW 5553 (KER)

JOY.K.P., v. STATE OF KERALA,

WP(C)/12313/2025 · 2025-03-28

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27098 WP(C) NO. 12313 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12313 OF 2025 PETITIONER: JOY.K.P., AGED 66 YEARS S/O.POULO K.P (LATE), KOORAN KALLOOKARAN HOUSE, PEECHANIKKAD, PULIYANAM.P.O., ERNAKULAM, PIN - 683572 BY ADV AVANEESH KOYIKKARA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER, REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, C BLOCK, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG, VIKAS BHAVAN POST, THIRUVANANTHAPURAM, PIN - 695033 3 DEPUTY COLLECTOR (LA), COLLECTORATE, ERNAKULAM,CIVIL STATION, KAKKAND POST,ERNAKULAM, PIN - 682030 2025:KER:27098 WP(C) NO. 12313 OF 2025 2 4 REVENUE DIVISIONAL OFFICER, FORT KOCHI, REVENUE DIVISIONAL OFFICE, FORT KOCHI, FORT KOCHI POST, ERNAKULAM, PIN - 682001 5 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, ANGAMALY,ERNAKULAM, PIN - 683572 6 AGRICULTURAL OFFICER, KRISHI BHAVAN, ANGAMALY, ERNAKULAM, PIN - 683572 7 TAHSILDAR (LAND RECORDS), TALUK OFFICE, ALUVA,FIRST FLOOR, MINI CIVIL STATION, CIVIL STATION RD, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101 8 VILLAGE OFFICER, VILLAGE OFFICE, ANGAMALY,ANGAMALY MANJAPRA RD, ANGAMALY, ERNAKULAM, PIN – 683572 BY ADV SMT.AMMINIKUTTY.K, SR.G.P, SHRI.VISHNU S CHEMPAZHANTHIYIL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27098 WP(C) NO. 12313 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having an extent of 27.05 Ares comprised in Re Survey No.82/25 in Block No.11 of Angamaly 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 paddy land, 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 03.01.2025. The limited prayer sought by the petitioner is to direct the 3rd / 4th respondent to pass orders thereon within a time frame. After hearing the learned counsel for the petitioner, the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 6th respondent shall forward a report regarding the nature of the property of the petitioner, to the 3rd respondent, the authorized officer under 2025:KER:27098 WP(C) NO. 12313 OF 2025 4 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 four months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:27098 WP(C) NO. 12313 OF 2025 5 APPENDIX OF WP(C) 12313/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF POSSESSION CERTIFICATE DATED 08.10.2024 ISSUED BY THE ANGAMALY VILLAGE OFFICER. Exhibit P2 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED IN GAZETTE DATED 06.06.2024. Exhibit P3 A COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 03.01.2025. Exhibit P4 A COPY OF THE REPORT OF THE 6TH RESPONDENT AS PER THE RECOMMENDATION OF THE LLMC. Exhibit P5 A COPY OF THE LETTER DATED 17.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. Exhibit P6 A COPY OF THE LETTER DATED 24.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.