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2025 DAILYLAW 8744 (KER)

R.VIJAYAN, v. STATE OF KERALA,

WP(C)/39733/2024 · 2025-03-10

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:20327 WP(C) No.39733 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 39733 OF 2024 PETITIONER/S: R.VIJAYAN, AGED 76 YEARS S/O RAGHAVAN, ABHAYAM, OONNANPARA, ANAKUDY POST, VAMANAPURAM VILLAGE, THIRUVANATHAPURAM, PIN - 695606 BY ADVS. DENIZEN KOMATH MEGHA MADHAVAN DEAN DENIZEN KOMATH RESPONDENT/S: 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 ROAD, THIRUVANANTHAPURAM, PIN - 695043 4 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, NEDUMANGAD, PIN - 695541 5 THE AGRICULTURAL OFFICER, KRISHIBHAVAN,VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 2025:KER:20327 WP(C) No.39733 OF 2024 2 695606 6 THE VILLAGE OFFICER,VAMANAPURAM, OFFICE OF THE VILLAGE OFFICER, VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 695606 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:20327 WP(C) No.39733 OF 2024 3 J U D G M E N T The petitioner is the absolute owner in possession of 31 Ares and 57 sq. mts of land in Re.Sy. No.297/13 and 297/14 (Old Sy.No. 900/78) of Block No.002 in Vamanapuram Village, Nedumangad Taluk, Thiruvananthapuram District 2. The grievance of the petitioner is that the property was wrongly described as ‘Nilam’ in the revenue records even though the same was excluded from the Data Bank. The Form 5 application submitted by the petitioner to remove the property from the Data Bank was allowed as per Ext.P1 order dated 23.04.2021. Therefore, an application in Form 7 which is produced as Ext.P2 dated 02.09.2023, has been submitted by him, before the 4th respondent, and it is now pending consideration. The limited prayer sought by the petitioner is to direct the 4th respondent to pass orders thereon within a time frame. 3. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. 2025:KER:20327 WP(C) No.39733 OF 2024 4 Accordingly it is ordered that, the 6th respondent shall forward a report as to the nature of the property of the petitioner, to the 4th respondent or the authorized 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 and thereupon, the 4th respondent or the authorized officer shall take up Ext.P2 application and appropriate orders thereon shall be passed 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/22.03 2025:KER:20327 WP(C) No.39733 OF 2024 5 APPENDIX OF WP(C) 39733/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE ORDER ALLOWING FORM NO.5 APPLICATION OF THE PETITIONER’S PROPERTY COVERED BY RE-SURVEY NO. 297/13, AND 297/14 COMPRISING THE OLD SURVEY NUMBER 900/78 OF, NEDUMANGAD TALUK BY THE 4TH RESPONDENT DATED 23/04/2021 Exhibit-P2 A TRUE PHOTOCOPY OF THE FORM NO 7 APPLICATION FILED BY THE PETITIONER HEREIN IN RESPECT OF THE PROPERTY COVERED IN RE-SURVEY NO. 297/13, AND 297/14 (OLD SURVEY NUMBER 900/78) OF, NEDUMANGAD TALUK ,DATED 02/09/2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE