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2025 DAILYLAW 8872 (KER)

O.C.ALEXANDER, v. THE DISTRICT COLLECTOR,

WP(C)/41823/2024 · 2025-03-25

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25651 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 41823 OF 2024 PETITIONER(S): 1 O.C.ALEXANDER, AGED 76 YEARS S/O. CHANDY, RESIDING AT ORIKOMBIL HOUSE, CRYSTAL WATERS, VILLA NO. 18, MASTER LANE ROAD, VADUTHALA, ERNAKULAM DISTRICT, PIN – 682023. 2 LEELAMMA ALEXANDER, AGED 72 YEARS W/O. O.C ALEXANDER, RESIDING AT ORIKOMBIL HOUSE, CRYSTAL WATERS, VILLA NO. 18, MASTER LANE ROAD, VADUTHALA, ERNAKULAM DISTRICT, PIN – 682023. BY ADV BINIYAMIN K.S. RESPONDENT ( S ) : 1 THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682030. 2 THE REVENUE DIVISIONAL OFFICER, ERNAKULAM REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT KOCHI, ERNAKULAM DISTRICT, PIN – 682001. 3 THE DEPUTY COLLECTOR (RR), COLLECTORATE, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682030. 4 THE THAHSILDAR, KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM DISTRICT, PIN – 682011. 2025:KER:25651 WP(C) NO. 41823 OF 2024 2 5 THE VILLAGE OFFICER, KUMBALAM VILLAGE OFFICE, KUMBALAM, PANANGADU, ERNAKULAM DISTRICT, PIN – 682506. 6 THE AGRICULTURAL OFFICER, KUMBALAM KRISHI BHAVAN, KUMBALAM, PANANGAD, ERNAKULAM DISTRICT, PIN – 682506. SMT.PREETHA.K.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25651 WP(C) NO. 41823 OF 2024 3 J U D G M E N T The petitioners are the owners in possession of property having an extent of 8 Ares 70 Sq. Meters of land comprised in Survey No. 78/2 of Kumbalam Village, Kanayannur Taluk of Ernakulam District. The grievance of the petitioners is that, the said property 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 petitioners submitted Ext.P3 application in Form 5 on 02.03.2024. The limited prayer sought by the petitioners is to direct the 2nd respondent to pass orders thereon within a time frame. After hearing the learned counsel for the petitioners and the learned Government Pleader, I am inclined to dispose of this writ petition. 2025:KER:25651 WP(C) NO. 41823 OF 2024 4 Accordingly, it is ordered that, the 6th respondent shall forward a report regarding the nature of the property of the petitioners, to the 3rd respondent, 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. Thereupon, the 3rd respondent, the authorized officer as referred to above shall take up Ext.P3 application and pass appropriate orders thereon in accordance with law, within a period of one month from the date of receipt of such report. The writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE mea 2025:KER:25651 WP(C) NO. 41823 OF 2024 5 APPENDIX OF WP(C) 41823/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT BEARING NO. KL07021510147/2023 DATED 11.10.2023 Exhibit P1(a) TRUE COPY OF THE SALE DEED NO. 3285 REGISTERED BY SRO MARADU DATED 14.10.1997 Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF KUMBALAM GRAMA PANCHAYAT DATED 23.02.2012 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 02.03.2024 Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS G.O(P). NO. 140/2024/RD DATED 27.06.2024