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2025 DAILYLAW 8353 (KER)

NARAYANAN NAMBOOTHIRI, v. REVENUE DIVISIONAL OFFICER,

WP(C)/14822/2024 · 2025-03-18

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26655 WP(C)No.14822 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 14822 OF 2024 PETITIONER/S: NARAYANAN NAMBOOTHIRI, AGED 61 YEARS S/O NEELAKANDAN NAMBOOTHIRI, NYAYALLOORA MANA, EDAPPALLY NORTH P O, ERNAKULAM., PIN - 682024 BY ADVS. SARUN RAJAN P.B.SUNEER RESPONDENT/S: 1 REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM., PIN - 682001 2 VILLAGE OFFICER, EDAPALLY NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN - 682024 3 AGRICULTURAL OFFICER, KRISHI BHAVAN VYTILLA, 1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX, WEST SIDE OF VYTTILA JUNCTION, MAHAKAVI VAILOPPILLI RD, ERNAKULAM., PIN - 682019 4 THE LOCAL LEVEL MONITORING COMMITTEE, KOCHI MUNCIPAL CORPORATION, ERNAKULAM DISTRICT, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN VYTILLA, 1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX, WEST SIDE OF VYTTILA JUNCTION, MAHAKAVI VAILOPPILLI RD, ERNAKULAM., PIN - 682019 OTHER PRESENT: Smt.Preetha.K.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26655 WP(C)No.14822 of 2024 2 J U D G M E N T The petitioner is the owner in possession of property having an extent of 37.69 Ares of land comprised in Survey No. 9/2 in Block No.52 of Edapally North Village, Kanayannur Taluk of 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.P2 application in Form-5 on 28.02.2024. 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 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 1st respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2025:KER:26655 WP(C)No.14822 of 2024 3 2008 within a period of one month from the date of receipt of a copy of this judgment. Thereupon, the 1st 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 one month from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:26655 WP(C)No.14822 of 2024 4 APPENDIX OF WP(C) 14822/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 19.07.2023 ISSUED FROM THE EDAPPALLY NORTH VILLAGE OFFICE. Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 28.02.2024 SUBMITTED IN FORM 5 OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT,2008 BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE