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2025 DAILYLAW 5817 (KER)

MANOHARAN, v. STATE OF KERALA,

WP(C)/12764/2025 · 2025-03-27

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26716 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. 12764 OF 2025 PETITIONER: MANOHARAN, AGED 50 YEARS S/O KANDASHAN, ILLIKKATT HOUSE, PONEKKARA, EDAPPALLY SOUTH, ERNAKULAM, KERALA, PIN - 682041 BY ADVS. E.ADITHYAN EMIL GIJU JISLIYA K. JOSHY REMIN THOMAS SIDHARTH P. BASTIAN BABU RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THRIVANATHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE,KB JACOB RD, FORT KOCHI, KERALA, PIN - 682001 3 AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER,KRISHI BHAVAN, VERAPOLI, ELOOR, ERNAKULAM, KOCHI, PIN - 683501 2025:KER:26716 2 WP(C) NO. 12764 OF 2025 4 VILLAGE OFFICER, ELOOR FERRY ROAD, VERAPOLI, ERNAKULAM, PIN - 683501 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: 2025:KER:26716 3 WP(C) NO. 12764 OF 2025 JUDGMENT The petitioner is the owner in possession of property having an extent of 18 Ares 8 sq.meter of land comprised in Survey No.10/Eloor Village, Paravoor Taluk, Block No.174, 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.P2 application in Form 5 on 07.02.2025. 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 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd 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 2025:KER:26716 4 WP(C) NO. 12764 OF 2025 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.P2 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 STB 2025:KER:26716 5 WP(C) NO. 12764 OF 2025 APPENDIX OF WP(C) 12764/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 29/10/2024 EXHIBIT P2 TRUE COPY OF FORM 5 APPLICATION DATED 07/02/2025