Sekharan Mepparambath, Vs the Deputy Collector (Rr) Tirur — Kerala HC (2025) — LawSathi Research

Sekharan Mepparambath, Vs the Deputy Collector (Rr) Tirur — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with time-bound directions: (i) 6th respondent Agricultural Officer to forward a report on the nature of the petitioner's property to the 2nd respondent/authorized officer under Section 2(xv A) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within two months; (ii) the 2nd respondent/authorized officer to take up Ext.P2 Form-5 application and pass appropriate orders in accordance with law within six months of receipt of the report.

Issue for consideration

Whether the petitioner's property, included in the Data Bank as 'Nilam' despite the petitioner's claim that it was reclaimed even prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008, ought to be dealt with accordingly on his Form-5 application. +1 more

Court's answer

The 6th respondent (Agricultural Officer, Ponnani) shall forward a report regarding the nature of the petitioner's property to the 2nd respondent or the authorized officer under Section 2(xv A) 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 2nd 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 six months from the date of receipt of such report.

Detailed headnote1 paragraphs

Kerala Conservation of Paddy Land and Wetland Act, 2008 — Inclusion of land in Data Bank as 'Nilam' — Form-5 application — Petitioner, owner in possession of 16.187 Ares in Re.Survey No. 93/1-25, Block No.10, Ezhuvathuruthy Village, Ponnani Taluk, Malappuram District, alleged wrongful inclusion of his land in the Data Bank as 'Nilam' though it stood reclaimed even prior to the 2008 Act, and filed Ext.P2 Form-5 application dated 17.02.2025 before the 1st respondent. Held, disposing of the writ petition: the 6th respondent (Agricultural Officer, Ponnani) to forward a report on the nature of the property to the 2nd respondent or the authorized officer under Section 2(xv A) of the Act within two months; thereafter the 2nd respondent/authorized officer to take up Ext.P2 and pass appropriate orders in accordance with law within six months of receipt of the report.

2025:KER:25591

WP(C)No.7472 of 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 7472 OF 2025

PETITIONER/S:

SEKHARAN MEPPARAMBATH,
AGED 75 YEARS

S/O KUNHUNNI, MEPPARAMBATH HOUSE, PAKKATH PARAMBU,
PONNANI, MALAPPURAM, PIN - 679577

BY ADV P.T.SHEEJISH

RESPONDENT/S:

1 THE DEPUTY COLLECTOR (RR) TIRUR, TIRUR PO, MALAPPURAM, DISTRICT, PIN - 676101

2 THE REVENUE DIVISIONAL OFFICER, TIRUR, TIRUR PO, MALAPPURAM, DISTRICT, PIN - 676101

3 THAHSILDAR., TALUK OFFICE, PONNANI PO, MALAPPURAM DISTRICT, PIN - 679577

4 TALUK SURVEYOR, TALUK OFFICE, PONNANI PO, MALAPPURAM DISTRICT, PIN - 679577

5 THE VILLAGE OFFICER, EZHUVATHURUHY VILLAGE OFFICE, PONNANI, MALAPPURAM DISTRICT, PIN - 679576

6 AGRICULTURAL OFFICER PONNANI, KRISHI BHAVAN PONNANI, PONNANI P.O, MALAPPURAM DISTRICT, PIN - 679577

OTHER PRESENT:

ADV DEEPA V - GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.7472 of 2025

J U D G M E N T

The petitioner is the owner in possession of

property having an extent of 16.187 Ares of land comprised in Re.Survey No. 93/1-25 in Block No.10 of Ezhuvathuruthy Village, Ponnani Taluk of Malappuram District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as “Nilam”, 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 17.02.2025. 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 and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 6th respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or the authorized of fi cer under Section 2(xv A)

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WP(C)No.7472 of 2025

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 2nd respondent o r the authorized of fi cer as referred to above shall take up Ext.P2 application and pass appropriate orders thereon in accordance with law, within a period of six months from the date of receipt of such report.

The writ petition is disposed of.

Sd/-

ZIYAD RAHMAN A.A. JUDGE

SM/26.03

2025:KER:25591

WP(C)No.7472 of 2025

APPENDIX OF WP(C) 7472/2025

PETITIONER EXHIBITS

Exhibit P1TRUE COPY OF THE LAND TAX RECEIPT DATED
19.04.2024 ISSUED BY THE 5TH RESPONDENT TO
THE PETITIONER
Exhibit P2A TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER WITH RESPECT TO
16.187 ARES OF PROPERTY, COMPRISED IN RE-
SURVEY NO. 93/1-25 OF EZHUVATHURUHY VILLAGE,
FILED BEFORE THE 1ST RESPONDENT DATED
17.02.2025