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2025 DAILYLAW 5813 (KER)

MUHAMMED BASHEER PALAKKAN, v. THE DEPUTY COLLECTOR (L.R) EXERCISING THE POWERS OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA

WP(C)/12867/2025 · 2025-03-28

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

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2025:KER:27103 WP(C) NO. 12867 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. 12867 OF 2025 PETITIONER: MUHAMMED BASHEER PALAKKAN, AGED 37 YEARS, S/O. MOIDEENKUTTY HAJI, PALAKKAN HOUSE, POOKKOTTUR, POOKKOTTUR P.O, MALAPPURAM DISTRICT, PIN - 676517 BY ADV K.ABOOBACKER SIDHEEQUE RESPONDENTS: 1 THE DEPUTY COLLECTOR (L.R) EXERCISING THE POWERS OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT, PIN - 676505 2 THE VILLAGE OFFICER, MELMURI VILLAGE OFFICE, MELMURI, VALLUVAMBRAM P.O, MALAPPURAM DISTRICT, PIN - 676517 3 THE AGRICULTURAL OFFICER FOR THE MALAPPURAM MUNICIPALITY, AGRICULTURE OFFICE, MALAPPURAM P.O, MALAPPURAM DISTRICT, PIN – 676505 2025:KER:27103 WP(C) NO. 12867 OF 2025 2 BY ADV SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27103 WP(C) NO. 12867 OF 2025 3 JUDGMENT The petitioner is the owner of the property having an extent of 0.2964 Hectares comprised in Re Survey Nos.1047/2, 1047/3 and 1047/4 in Re Survey Block No.7 of Melmuri Village, Eranadu Taluk in Malappuram 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 04.02.2025. Therefore, an application in Form 7 which is produced as Ext.P3, has been submitted by the petitioner, before the 1st respondent, and it is now pending consideration since 17.02.2025. The limited prayer sought by the petitioner is to direct the 1st respondent 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 2nd respondent shall forward a report as to the nature of the property of the 2025:KER:27103 WP(C) NO. 12867 OF 2025 4 petitioner, to the 1st respondent, 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 and thereupon, the 1st 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 five months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:27103 WP(C) NO. 12867 OF 2025 5 APPENDIX OF WP(C) 12867/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 16.04.2024 ISSUED BY THE SECOND RESPONDENT. Exhibit-P2 A TRUE COPY OF THE ORDER DATED 04.02.2025 ISSUED BY THE FIRST RESPONDENT. Exhibit-P3 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 7) DATED 17.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S 27 A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.