E.R.Ajayan, Vs Deputy Collector (L.a), Thrissur — Kerala HC (2025) — LawSathi Research

E.R.Ajayan, Vs Deputy Collector (L.a), Thrissur — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed with time-bound directions, without deciding merits on record: the additional 3rd respondent (Village Officer) 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; the 1st respondent (authorized officer under Section 2(xvA)) thereafter to take up Ext.P3 and pass appropriate orders in accordance with law within three months of receiving the report.

Issue for consideration

Whether the 1st respondent (identified as the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008) should be directed to take up and pass orders on the petitioner's Ext.P3 Form 5 application challenging the wrongful "Nanja" Data Bank inclusion, within a time frame.

Court's answer

It is ordered that the additional 3rd respondent (Village Officer) shall forward a report regarding 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.

Ratio / Principle

Thereupon the 1st respondent, the authorized officer as referred to above, shall take up the Ext.P3 application and pass appropriate orders thereon in accordance with law within a period of three months from the date of receipt of such report.

Detailed headnote1 paragraphs

W.P.(C) No. 6624 of 2025 (High Court of Kerala at Ernakulam), decided 20.03.2025 by Ziyad Rahman A.A. J.: E.R.Ajayan, owner of 2 Ares 83 Sq. Meters in Sy.No.150/2B1-3, Block No.008, Kodungallur Village, Thrissur District, alleged wrongful inclusion of his land in the Data Bank as “Nanja” although, according to him, it stood reclaimed prior to implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008; he had filed Ext.P3 Form 5 application (No. 27/2024/277981 dated 24.10.2024). The Court disposed of the petition with directions only: the additional 3rd respondent (Village Officer, impleaded per order dated 20.03.2025 in I.A. No.1 of 2025) to report on the nature of the property to the 1st respondent — Deputy Collector (L.A.), Thrissur, the authorized officer under Section 2(xvA) of the Act — within two months of receipt of a copy of the judgment, and the 1st respondent to take up Ext.P3 and pass appropriate orders in accordance with law within three months of the report. Merits were not adjudicated.

2025:KER:23801

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 20^TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946

WP(C) NO. 6624 OF 2025

PETITIONER/S:

E.R.AJAYAN, AGED 53 YEARS S/O. RAGHAVAN EDASSERY, PERINGANAM, KOTHAPARAMBA, AALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, KERALA, PIN - 680668

BY ADVS. K.J.MOHAMMED ANZAR A.RADHAKRISHNAN NAIR BAPPU GALIB SALAM

RESPONDENT/S:

1 DEPUTY COLLECTOR (L.A), THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003

2 LOCAL LEVEL MONITORING COMMITTEE, BEING REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, KODUNGALLOOR, KUNNUMPURAM, KODUNGALLUR, KERALA, PIN - 680664

3 VILLAGE OFFICER

ADDL AALA VILLAGE OFFICE, PALLINADA ANCHANGANDI ROAD, SANTHIPURAM ( ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 20.03.2025 IN I A NO.1 OF 2025 )

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OTHER PRESENT:

Smt.Parvathy.K, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner is the owner of the property having an extent of 2 Ares 83 Sq. Meters comprised in Sy.No.150/2B1-3 in Block No.008 of Kodungallur Village in Thrissur District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as “Nanja”, 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.P3 application in Form 5 on 24.10.2024. The limited prayer sought by the petitioner is to direct the 1st 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 additional 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 1 st respondent , the authorized officer under Section 2(xvA) of the

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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 1st respondent, the authorized officer as referred to above, shall take up Ext.P3 application and pass appropriate orders thereon in accordance with law, within a period of three months from the date of receipt of such report.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

rpk

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APPENDIX OF WP(C) 6624/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 372/I/2022 DATED 07.12.2021 OF SRO MATHILAKAM

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 20.10.2022

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION NO. 27/2024/277981 DATED 24.10.2024