Disposed¶25

C.a.Abdul Khader, v. Deputy Collector (Lr)

Kerala HC1 Apr 2025WP(C)/13246/2025

Case brief

AI extract

What is this about?

WP(C) No.13246 of 2025; High Court of Kerala, Ernakulam; Ziyad Rahman A.A., Judge; decided 01.04.2025; Form 5 application; Exts.P1 and P2 dated 24.02.2025; Data Bank; converted land; Kerala Conservation of Paddy Land and Wetland Act, 2008, Section 2(xvA); authorized officer; Deputy Collector (LR); Agricultural Officer, Vazhakulam; Marampally Village, Kunnathunad Taluk; time-frame directions; writ petition disposed of.

What did the court decide?

Writ petition disposed of with directions: 2nd respondent to forward a report on the nature of the petitioner's property to the 1st respondent within two months of receipt of a copy of the judgment; 1st respondent to pass appropriate orders on Exts.P1 and P2 (Form 5 applications) in accordance with law within five months of receipt of that report. ¶25

C.a.Abdul Khader, Vs Deputy Collector (Lr) — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 1st respondent should be directed to decide the petitioner's Exts.P1 and P2 Form 5 applications — arising from alleged wrongful inclusion of his lands in the Data Bank as converted land — within a time frame.

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Court's answer

The 2nd respondent (Agricultural Officer, Vazhakulam) shall forward a report on the nature of the petitioner's property 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 the judgment.

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Ratio / Principle

Thereupon, the 1st respondent (Deputy Collector (LR)), the authorized officer as referred to above, shall take up Exts.P1 and P2 applications and pass appropriate orders thereon in accordance with law, within a period of five months from the date of receipt of such report.

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Detailed headnote1 paragraphs

Writ Petition (Civil) disposed of. The petitioner, owner of 19.29 Ares in Survey No.84/9-3 and 5 Ares in Survey No.84/6-2, Block No.23, Marampally Village, Kunnathunad Taluk, Ernakulam, complained that both properties were wrongfully included in the Data Bank as converted land, and had submitted Exts.P1 and P2 applications in Form 5 on 24.02.2025 before the 1st respondent (Deputy Collector (LR)). Directing the 2nd respondent (Agricultural Officer, Vazhakulam) to forward a report on the nature of the petitioner's property to the 1st respondent — the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 — within two months of receipt of a copy of the judgment, and directing the 1st respondent to thereafter take up Exts.P1 and P2 and pass appropriate orders in accordance with law within five months of receipt of the report.

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2025:KER:27801

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WP(C) NO. 13246 OF 2025

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

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WP(C) NO. 13246 OF 2025

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PETITIONER:

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C.A.ABDUL KHADER, AGED 60 YEARS S/O.ABUBACKER, CHIRAYILAN HOUSE, ALLAPPRA P.O., ERNAKULAM, PIN - 683556

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BY ADV K.J.MANU RAJ

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RESPONDENTS:

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1 DEPUTY COLLECTOR (LR), COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030

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2 AGRICULTURAL OFFICER, VAZHAKULAM, KRISHI BHAVAN, VAZHAKULAM, KUNNATHUNAD TALUK,ERNAKULAM, PIN - 683105

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3THE VILLAGE OFFICER,
MARAMPALLY VILLAGE OFFICE, KUNNATHUNAD TALUK,
MARAMPALLY P.O.,ERNAKULAM,
PIN – 683105.

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2025:KER:27801
WP(C) NO. 13246 OF 2025

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BY ADV
SMT.DEEPA.V, G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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2025:KER:27801

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WP(C) NO. 13246 OF 2025

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JUDGMENT

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The petitioner is the owner in possession of property having an extent of 19.29 Ares comprised in Survey No.84/9-3 in Block No.23 of Marampally Village in Kunnathunad Taluk, Ernakulam District. Petitioner is also having an extent of 5 Ares of land comprised in Survey No.84/6-2 in Block No 23 of Marampally Village in Kunnathunad Taluk in Ernakulam District. The grievance of the petitioner is that, both the properties of the petitioner have been wrongfully included in the Data B ank as converted land. Therefore, the petitioner submitted Exts.P1 and P2 applications in Form 5 on 24.02.2025. T he limited prayer sought by t he petitioner is to direct the 1^st respondent to pass orders thereon within a time frame.

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After hearing the learned coun sel for the petitioner, the learned Government Pleader for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered th at, the 2^nd respondent shall forward a report regarding the nature of the

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WP(C) NO. 13246 OF 2025
4

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2025:KER:27801

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property of the petitioner, to the 1^st 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 1^st respondent, the authorized officer as referred to above shall take up Exts.P1 and P2 applications and pass appropriate orders thereon in accordance with law, within a period of five months from the date of receipt of such report.

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Sd/ZIYAD RAHMAN A.A. JUDGE

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scs

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WP(C) NO. 13246 OF 2025

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2025:KER:27801

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APPENDIX OF WP(C) 13246/2025

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE FORM 5 APPLICATION
NO. 1/2025/ 1623334 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
DATED 24.2.2025

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Exhibit P2A TRUE COPY OF THE FORM 5 APPLICATION
NO. 2/2025/ 1623334 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
DATED 24.2.2025

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Exhibit P3A TRUE COPY OF THE LAND TAX RECEIPT
DATED 7.2.2025 ISSUED BY THE LAND
REVENUE DEPARTMENT TO THE PETITIONER

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Exhibit P4A TRUE COPY OF THE LAND TAX RECEIPT
DATED 4.12.2024 ISSUED BY THE LAND
REVENUE DEPARTMENT TO THE PETITIONER

C.a.Abdul Khader, v. Deputy Collector (Lr)

Case brief

What is this about?

What did the court decide?

C.a.Abdul Khader, v. Deputy Collector (Lr)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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