Ligeesh, Vs Revenue Divisional Officer — Kerala HC (2025) — LawSathi Research

Ligeesh, Vs Revenue Divisional Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) 4th respondent Agricultural Officer to forward a report on the nature of the petitioner's property to the 2nd respondent (authorized officer under S.2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008) within two months of receipt of a copy of the judgment; (ii) 2nd respondent to take up Ext.P2 application and pass appropriate orders in accordance with law within five months of receipt of the report.

Issue for consideration

Whether the 1st respondent can be directed to pass orders on the petitioner's Ext.P2 Form-5 application (seeking removal of his land from the Data Bank 'Nilam' entry) within a time frame. +1 more

Court's answer

It is ordered that the 4th respondent, the Agricultural Officer, shall forward a report regarding the nature of the petitioner's property to the 2nd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within two months from the date of receipt of a copy of this judgment.

Ratio / Principle

Thereupon, the 2nd respondent, the authorized officer referred to above, shall take up Ext.P2 application and pass appropriate orders thereon in accordance with law within a period of five months from the date of receipt of such report.

Detailed headnote1 paragraphs

Kerala High Court (Ernakulam), ZIYAD RAHMAN A.A., JUDGE — WP(C) NO. 10526 OF 2025, decided 17.03.2025 (admitted and disposed the same day). Petitioner Ligeesh, absolute owner in possession of 4.14 Ares in Re-Survey No.285/3-2 of Vazhayur Village, Kondotty Taluk, Malappuram District, complained that his property was wrongfully included in the Data Bank as 'Nilam' although reclaimed prior to implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008; he had submitted Ext.P2 application in Form-5 on 08.01.2025 and sought only a direction that the 1st respondent (Revenue Divisional Officer, Perinthalmanna) pass orders within a time frame. The writ petition was disposed of with directions: the 4th respondent Agricultural Officer, Vazhayur Krishibhavan, to forward a report on the nature of the petitioner's property to the 2nd respondent Deputy Collector (DM) — the authorized officer under Section 2(xvA) of the 2008 Act — within two months of receipt of a copy of the judgment, and the 2nd respondent thereafter to take up Ext.P2 and pass appropriate orders in accordance with law within five months of receipt of that report. Exhibits: P1 land tax receipt KL10071204735/2024 dated 30/04/2024; P2 Form.5 Application No.1/2025/2328749 dated 08/01/2025. No precedent cited; no order was impugned.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

MONDAY, THE 17^TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946

WP(C) NO. 10526 OF 2025

PETITIONER:

LIGEESH, AGED 40 YEARS, S/O.ANDY, VETTATH HOUSE, PUTHKODE.P.O., MALAPPURAM, PIN – 673 633.

BY ADVS. RANJITH C. V.GANGADHARAN KIRAN JOHNY SEBI S. RAJ STEFFY JOHNY

RESPONDENTS:

1 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PERINTHALMANNA, MALAPPURAM, PIN – 679 322.

2 DEPUTY COLLECTOR (DM), OFFICE OF THE DEPUTY COLLECTOR(DM), COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN – 676 505.

3 VILLAGE OFFICER, VAZHAYUR VILLAGE OFFICE, MALAPPURAM, PIN – 673 633.

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4 AGRICULTURAL OFFICER, VAZHAYUR KRISHIBHAVAN, MALAPPURAM, PIN – 673 633. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner is the absolute owner in possession of property having an extent of 4.14 Ares in Re-Survey No.285/3-2 of Vazhayur Village, Kondotty Taluk, Malappuram Distirct. 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 stands 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 08.01.2025. The limited prayer sought by the petitioner is to direct the 1^st 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 4 th respondent Agricultural Officer shall forward a report regarding the nature of the property of the petitioner, to the 2 nd respondent, the authorized officer under Section 2(xvA) of th e Kerala Conservation of Paddy Land and Wetland Act, 2008 within a

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period of two months from the date of receipt of a copy of this judgment. Thereupon, the 2 nd respondent, th e authorized oficer as referred to above shall take up Ext.P2 application and f pass appropriate orders thereon in accordance with law, within a period of fve months from the date of receipt of such report. i

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

DG/17.3.25

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APPENDIX OF WP(C) 10526/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.KL10071204735/2024 DATED 30/04/2024 ISSUED BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF FORM.5 APPLICATION NO.1/2025/2328749 DATED 08/01/2025 SUBMITTED BEFORE THE 1ST RESPONDENT