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

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

What the court decided

AI extract

Outcome

Time-bound directions issued: the 2nd respondent (Village Officer) to forward a report on 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; and the 1st respondent/authorized officer to take up Ext.P2 and pass appropriate orders in accordance with law within five months from receipt of such report.

Issue for consideration

Whether the respondents can be directed to take up and pass orders, within a time frame, on the petitioner's pending Form 6 application (Ext.P2) seeking correction of the wrongful 'Nilam' recording of her property.

Court's answer

The 2nd respondent (Village Officer) shall forward a report as to 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 from the date of receipt of a copy of the judgment.

Ratio / Principle

Thereupon, the 1st respondent or the authorized officer 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 (Ernakulam), WP(C) No. 11887 of 2025, decided 25.03.2025 by Ziyad Rahman A.A. J. — Writ petition disposed of with directions. The petitioner, owner of 0.0931 Hectares in Survey No.50/6-1-1, Block No.62 of Thrikkalangode Village, Ernadu Taluk, Malappuram District, complained that her property was wrongly described as 'Nilam' in the revenue records even though it is not included in the Data Bank, and that her Form 6 application (Ext.P2) submitted before the Revenue Divisional Officer, Perinthalmanna had been pending since 12.02.2022. The Court ordered the Village Officer (2nd respondent) to forward a report on the nature of the property to the Revenue Divisional Officer or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within two months, and directed the Revenue Divisional Officer/authorized officer to take up Ext.P2 and pass appropriate orders in accordance with law within five months from receipt of the report.

WP(C) NO. 11887 OF 2025

2025:KER:25504

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. 11887 OF 2025

PETITIONER:

UMMUKULSU,
AGED 49 YEARS
W/O. ABDURAHIMAN, RESIDING AT VALIL HOUSE,
KARAKUNNU P.O, MALAPPURAM DISTRICT,
PIN - 676123

BY ADV K.ABOOBACKER SIDHEEQUE

RESPONDENTS:

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

2 THE VILLAGE OFFICER, THRIKKALANGODE VILLAGE OFFICE, THRIKKALANGODE P.O, MALAPPURAM DISTRICT, PIN - 676123

3 THE THAHASILDAR (LAND RECORDS), ERNADU TALUK OFFICE, ERNADU P.O, MALAPPURAM DISTRICT, PIN – 676121

2025:KER:25504
WP(C) NO. 11887 OF 2025

BY ADV
SMT.AMMINIKUTTY.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:

WP(C) NO. 11887 OF 2025

2025:KER:25504

JUDGMENT

The petitioner is the owner of the property having an extent of 0.0931 Hectares comprised in Survey No.50/6-1-1 in Block No.62 of Thrikkalangode Village in Ernadu Taluk in Malappuram District. The grievance of the petitioner is that, the said property was wrongly described as 'Nilam' in the revenue records even though the same is not included in the Data Bank. Therefore, an application in Form 6 which is produced as Ext.P2, has been submitted by the petitioner, before the 1^st respondent, and it is now pending consideration since 12.02.2022. 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 2^nd respondent shall forward a report as to the nature of the property of the petitioner, to the 1^st respondent or the authorized officer under

2025:KER:25504

WP(C) NO. 11887 OF 2025
4

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 and thereupon, the 1^st respondent or the authorized officer as referred to above shall take up Ext.P2 application and appropriate orders thereon shall be passed 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:25504

WP(C) NO. 11887 OF 2025

APPENDIX OF WP(C) 11887/2025

PETITIONER EXHIBITS

Exhibit-P1A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 12.02.2025 ISSUED BY THE
SECOND RESPONDENT.

Exhibit-P2A TRUE COPY OF THE APPLICATION (IN
FORM NUMBER 6) DATED 12.02.2025
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT U/S 27A OF THE
CONSERVATION OF PADDY LAND AND WET
LAND ACT, 2008.