Kerala High Court
WP(C)/17719/2024 of THRESSIA, Vs STATE OF KERALA, on 1 April 2025
WP(C) NO. 17719 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 17719 OF 2024 PETITIONER: THRESSIA, AGED 61 YEARS W/O. AUGUSTHY, KAIPRAMBADAN HOUSE, KAPPRASSERY, ALUVA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 17719 OF 2024
PETITIONER:
THRESSIA,
AGED 61 YEARS
W/O. AUGUSTHY, KAIPRAMBADAN HOUSE, KAPPRASSERY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683101
BY ADVS.
MEREENA.J.JOSEPH
RAMZY BIN O.A.
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE,
PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM, PIN – 695001
THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682030
THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, PIN - 682001
LOCAL LEVEL MONITORING COMMITTEE FOR
NEDUMBASSERRY VILLAGE,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHIBHAVAN,
NEDUMBASSERY,ERNAKULAM DISTRICT,
PIN - 683585
*ADDL.6 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, NEDUMBASSERY,
ERNAKULAM DISTRICT, PIN 683585
*ADDL.R6 IS IMPLEADED AS PER ORDER DATED
01.04.2025 IN IA NO.2/2025 IN WP(C) NO.17719 OF
2024.
BY ADV
SMT.AMMINIKUTTY.K, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The petitioner is the owner in possession of property having an extent of 7.88 Ares comprised in Re-Survey No. 351/1 in Block 9 of Nedumbassery Village. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank and shown as nilam in the revenue records, 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 12.01.2024. 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 additional 6th respondent shall forward a report regarding 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. 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. Sd/- ZIYAD RAHMAN A.A. JUDGE scs
APPENDIX OF WP(C) 17719/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COMPRISING IN BLOCK 9, RE- SURVEY NO. 351/1 OF NEDUMBASSERY VILLAGE UNDER FORM 5 DATED 12/01/2024