Kerala High Court
WP(C)/12895/2025 of MARIYAMMA ALEX, Vs DEPUTY COLLECTOR (LR), on 28 March 2025
WP(C) NO. 12895 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. 12895 OF 2025 PETITIONER: MARIYAMMA ALEX, AGED 71 YEARS W/O.ALEX KOSHI, THATTAVARA HOUSE, OMALLOOR,
WP(C) NO. 12895 OF 2025
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. 12895 OF 2025
PETITIONER:
MARIYAMMA ALEX,
AGED 71 YEARS
W/O.ALEX KOSHI, THATTAVARA HOUSE, OMALLOOR, KOZHENCHERRY, ERNAKULAM, PIN - 683544
BY ADV K.J.MANU RAJ
RESPONDENTS:
DEPUTY COLLECTOR (LR),
COLLECTORATE, KAKKANAD,ERNAKULAM,
PIN - 682030
AGRICULTURAL OFFICER,
MUDAKUZHA,KRISHI BHAVAN, MUDAKUZHA P.O,
KUNNATHUNAD TALUK,ERNAKULAM, PIN - 683546
THE VILLAGE OFFICER,
VENGOOR WEST VILLAGE OFFICE, KUNNATHUNAD TALUK, VENGOOR WEST P.O.,ERNAKULAM, PIN – 683546
2025:KER:27105
WP(C) NO. 12895 OF 2025
BY ADV
SMT.AMMINIKUTTY.K, SR.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:27105
WP(C) NO. 12895 OF 2025
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JUDGMENT
The petitioner is the owner in possession of property having an extent of 2 Hectares 46.87 Ares comprised in Survey Nos.29/2-1, 29/3-1, 29/3-2 and 29/4 in Block No.10 of Vengoor West Village in Kunnathunad Taluk 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 04.01.2025. 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, the learned Government Pleader for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 2nd respondent shall forward a report regarding the nature of the
WP(C) NO. 12895 OF 2025
property of the petitioner, to the 1st respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of two months from the date of receipt of a copy of this judgment. Thereupon, the 1st respondent, 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 five months from the date of receipt of such report. Sd/- ZIYAD RAHMAN A.A. JUDGE scs
WP(C) NO. 12895 OF 2025
APPENDIX OF WP(C) 12895/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 4.1.2025 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.11.2024 ISSUED TO THE PETITIONER