Sulaiman, Vs Deputy Collector (Land Acquisition) — Kerala HC (2025) — LawSathi Research

Sulaiman, Vs Deputy Collector (Land Acquisition) — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Time-bound directions: the 4th respondent (Village Officer) to forward a report on the nature of the petitioner's property to the 2nd respondent/authorized officer under Section 2(xvA) within two months, and the 2nd respondent/authorized officer to take up Ext.P3 and pass appropriate orders in accordance with law within six months from receipt of the report.

Issue for consideration

Whether the respondents should be directed to consider and pass orders within a time frame on the petitioner's Form 6 application (Ext.P3) concerning land described as 'Nilam' in revenue records though not included in the Data Bank.

Court's answer

It is ordered that the 4th respondent (Village Officer) shall forward a report as to the nature of the petitioner's property to the 2nd respondent (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 from the date of receipt of a copy of the judgment.

Ratio / Principle

Thereupon the 2nd respondent or the authorized officer as referred to above shall take up the Ext.P3 application and pass appropriate orders thereon in accordance with law within six months from the date of receipt of such report.

Key takeaways

As part of disposing of the writ petition, the Court ordered that the 4th respondent shall forward a report as to the nature of the petitioner's property.ratio¶26

Detailed headnote1 paragraphs

Kerala High Court (Ernakulam), WP(C) No. 11981 of 2025, decided 25.03.2025 by Ziyad Rahman A.A., J. — Paddy Land and Wetland Act / revenue records. The petitioner, owner of 12.34 Ares in Survey Nos. 100/4A-17, 100/4A-9 and 100/5-8 of Tirurangadi Village, Tirurangadi Taluk, Malappuram District, complained that his land was wrongly described as 'Nilam' in the revenue records even though it was not included in the Data Bank; his Form 6 application (Ext.P3) submitted on 28.02.2025 was pending consideration. Disposing of the writ petition, the Court directed the 4th respondent (Village Officer) to forward a report on the nature of the property to the 2nd respondent (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 from receipt of a copy of the judgment, whereupon that authority shall take up Ext.P3 and pass appropriate orders in accordance with law within six months from receipt of such report.

WP(C) NO. 11981 OF 2025

2025:KER:25509

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. 11981 OF 2025

PETITIONER:

SULAIMAN, AGED 62 YEARS S/O. MOHAMMED, MALAYIL HOUSE, THRIKKULAM, PANTHARANGADI, MALAPPURAM DISTRICT, PIN - 676306

BY ADVS.
U.K.DEVIDAS
S.K.SREELAKSHMY

RESPONDENTS:

1 DEPUTY COLLECTOR (LAND ACQUISITION), COLLECTORATE, UP HILL, P.O., MALAPPURAM DISTRICT, PIN - 676505

2 REVENUE DIVISIONAL OFFICER, RDO OFFICE, TIRUR, TRIKANDIYUR ROAD, MALAPPURAM DISTRICT, PIN - 676101

3 AGRICULTURE OFFICER, KRISHI BHAVAN, TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676306

2025:KER:25509

WP(C) NO. 11981 OF 2025

4VILLAGE OFFICER,
TIRURANGADI VILLAGE OFFICE, TIRURANGADI,
MALAPPURAM DISTRICT, PIN – 676306
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. 11981 OF 2025

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JUDGMENT

The petitioner is the owner of the property having an extent of 2.30 Ares comprised in Survey No.100/4A-17, 1.54 Ares comprised in Survey No.100/4A-9, and 8.50 Ares comprised in Survey No.100/5-8 (total 12.34 Ares) of Tirurangadi Village in Tirurangadi 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.P3, has been submitted by the petitioner and it is now pending consideration since 28.02.2025. The limited prayer sought by the petitioner is to direct the respondents 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 shall forward a report as to the nature of the property of the

WP(C) NO. 11981 OF 2025
4

2025:KER:25509

petitioner, to the 2^nd respondent or 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 and thereupon, the 2^nd respondent or the authorized officer as referred to above shall take up Ext.P3 application and appropriate orders thereon shall be

passed in accordance with law, within a period of six months from the date of receipt of such report.

Sd/-
ZIYAD RAHMAN A.A.
JUDGE

scs

2025:KER:25509

WP(C) NO. 11981 OF 2025

APPENDIX OF WP(C) 11981/2025

PETITIONER EXHIBITS

Exhibit P1TRUE COPY OF BASIC TAX RECEIPT DATED
22.01.2025 ISSUED FROM THE VILLAGE
OFFICE, TIRURANGADI

Exhibit P2. TRUE COPY OF THE RELEVANT PAGE OF
THE DATA BANK IN RESPECT OF THE
PROPERTY OF THE PETITIONER

Exhibit P3TRUE COPY OF THE APPLICATION DATED
28.02.2025 IN FORM NO.6 UNDER KERALA
CONSERVATION OF PADDYLAND AND WET LAND
ACT, 2008

Exhibit P4TRUE COPY OF THE RECEIPT DATED
28.02.2025 ISSUED FROM THE TIRURANGADI
VILLAGE OFFICE