Razin Basheer, Vs the Revenue Divisional Officer, Perinthalmanna — Kerala HC (2025) — LawSathi Research

Razin Basheer, Vs the Revenue Divisional Officer, Perinthalmanna — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Time-bound directions: the 3rd respondent to forward a report on the nature of the petitioner's property to the 1st respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within two months; the 1st respondent/authorized officer 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 petitioner's property (0.0202 hectares, Survey No. 217/5-4, Block No.145, Pandikkad Village, Ernad Taluk, Malappuram District) was wrongfully included in the Data Bank as paddy land although it stood reclaimed prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008. +1 more

Court's answer

The 3rd respondent (Agricultural Officer, Pandikkad Grama Panchayath) shall forward a report regarding the nature of the petitioner's property to the 1st respondent (Revenue Divisional Officer, Perinthalmanna) or 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 the judgment.

Ratio / Principle

Thereupon, the 1st respondent or the authorized officer as referred to above shall take up the Ext.P2 application and pass appropriate orders thereon in accordance with law, within five months from the date of receipt of such report.

Detailed headnote1 paragraphs

Kerala High Court (Ziyad Rahman A.A., J.), by judgment dated 25.03.2025 in WP(C) No. 11768 of 2025, disposed of a writ petition by Razin Basheer, owner of 0.0202 hectares in Survey No. 217/5-4, Block No.145 of Pandikkad Village, Ernad Taluk, Malappuram District, whose land was allegedly wrongfully included in the Data Bank as paddy land despite reclamation prior to the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner had filed Ext.P2 application in Form 5 dated 05.02.2025 before the Revenue Divisional Officer, Perinthalmanna. The Court directed the Agricultural Officer, Pandikkad Grama Panchayath (3rd respondent) to forward a report on the nature of the property to the RDO or the authorized officer under Section 2(xvA) of the Act within two months, and the RDO/authorized officer to take up Ext.P2 and pass appropriate orders in accordance with law within five months of the report.

WP(C) NO. 11768 OF 2025

2025:KER:25517

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. 11768 OF 2025

PETITIONER:

RAZIN BASHEER, AGED 26 YEARS S/O. MUHAMMED BASHEER, PATTANATH HOUSE, PANDIKKAD P.O, MALAPPURAM DISTRICT, PIN - 676521

BY ADV K.ABOOBACKER SIDHEEQUE

RESPONDENTS:

1 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, OFFICE OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA P.O, MALAPPURAM DISTRICT, PIN - 679322

2 THE VILLAGE OFFICER, PANDIKKAD VILLAGE OFFICE, PANDIKKAD P.O, MALAPPURAM DISTRICT, PIN - 676521

3 THE AGRICULTURAL OFFICER FOR THE PANDIKKAD GRAMA PANCHAYATH, KRISHI BHAVAN, PANDIKKAD P.O, MALAPPURAM DISTRICT, PIN – 676521

2025:KER:25517
WP(C) NO. 11768 OF 2025

BY ADV
SMT.DEEPA.V, G.P

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

WP(C) NO. 11768 OF 2025

2025:KER:25517

JUDGMENT

The petitioner is the owner in possession of property having an extent of 0.0202 Hectares comprised in Survey No. 217/5-4 in Block No.145 of Pandikkad Village in Ernad Taluk in Malappuram District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as paddy land, 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.P2 application in Form 5 on 05.02.2025. 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, the learned Government Pleader for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 3^rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 1^st respondent or the authorized

WP(C) NO. 11768 OF 2025
4

2025:KER:25517

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 1^st respondent or the authorized officer as 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.

Sd/-

ZIYAD RAHMAN A.A.
JUDGE

scs

2025:KER:25517

WP(C) NO. 11768 OF 2025

APPENDIX OF WP(C) 11768/2025

PETITIONER EXHIBITS

Exhibit-P1A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 28.05.2024 ISSUED BY THE
SECOND RESPONDENT.

Exhibit-P2

A TRUE COPY OF THE APPLICATION DATED
05.02.2025 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.