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2025 DAILYLAW 6394 (KER)

JUSTIN v. STATE OF KERALA

WP(C)/12944/2025 · 2025-03-28

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27106 WP(C) NO. 12944 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. 12944 OF 2025 PETITIONER: JUSTIN, AGED 45 YEARS S/O. VARGHESE, ALUKKA PUTHUSSERRY HOUSE, KIDANGOOR P O, ANGAMALLY, ERNAKULAM DIST, PIN - 683572 BY ADV MEREENA.J.JOSEPH RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM, PIN - 695001 3 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,ERNAKULAM, PIN - 682030 2025:KER:27106 WP(C) NO. 12944 OF 2025 2 4 THE REVENUE DIVISIONAL OFFICER /THE DEPUTY COLLECTOR (L A), RDO U/S 2 (XVA) FOR ALWAYE TALUK, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 5 THE AGRICULTURE OFFICER, OFFICE OF THE AGRICULTURE OFFICE, KRISHI BHAVAN, THURAVOOR P O, ANGAMALLY, PIN – 683572 BY ADV SMT.DEEPA.V, 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:27106 WP(C) NO. 12944 OF 2025 3 JUDGMENT The petitioner is the owner in possession of property having an extent of 3.50 Ares comprised in Survey Nos.130/7-3, 130/8-4, in Block-13 of Thuravoor 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.P1 application in Form 5 on 15.03.2024. The limited prayer sought by the petitioner is to direct the 4th 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 5th respondent shall forward a report regarding the nature of the property of the petitioner, to the 4th respondent or the authorized 2025:KER:27106 WP(C) NO. 12944 OF 2025 4 officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of one month from the date of receipt of a copy of this judgment. Thereupon, the 4th respondent or the authorized officer as referred to above shall take up Ext.P1 application and pass appropriate orders thereon in accordance with law, within a period of one month from the date of receipt of such report. In case the report of the 5th respondent is already received by the 4th respondent or the authorized officer, the same shall be disposed of within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:27106 WP(C) NO. 12944 OF 2025 5 APPENDIX OF WP(C) 12944/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SURVEY . NO.130/7-3, 130/8-4, OF THURAVOOR VILLAGE DATED 15/3/2024 Exhibit-P2 A TRUE COPY OF THE APPLICATION STATUS OF THE FORM 5 APPLICATIONS FILED BY THE PETITIONER DATED 25/3/2025