Sujith N.T., Vs State of Kerala — Kerala HC (2025) — LawSathi Research

Sujith N.T., Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the 4th respondent to forward a report on the nature of the petitioner's property to the 2nd respondent/authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within two months of receipt of the judgment, and the 2nd respondent/authorized officer to take up Ext.P3 and pass appropriate orders in accordance with law within five months of receipt of the report.

Issue for consideration

Whether the 2nd respondent should be directed to pass orders within a time frame on the petitioner's Form 6 application (Ext.P3) complaining that the property in Sy.No.43/30, Block No.001 of Chalavoor Village was wrongly described as paddy land in revenue records despite not being included in the Data Bank.

Court's answer

The 4th respondent (Village Officer) shall forward a report as to the nature of the petitioner's property to the 2nd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

Ratio / Principle

The report of the 4th respondent is to be forwarded within a period of two months from the date of receipt of a copy of the judgment.

Key takeaways

Thereupon, the 2nd respondent or the authorized officer shall take up Ext.P3 and pass appropriate orders thereon in accordance with law within a period of five months from the date of receipt of such report.ratio¶35

Detailed headnote1 paragraphs

Writ petition (civil) disposed of at admission stage. The petitioner, owner of 3.424 Ares in Sy.No.43/30, Block No.001 of Chalavoor Village, Kozhikode, complained that the property was wrongly described as paddy land in revenue records though not included in the Data Bank, and that his application in Form 6 (Ext.P3) filed on 01.01.2025 before the 2nd respondent was pending. Directing consideration of the pending application, the Court ordered the 4th respondent (Village Officer) to forward a report on the nature of the property to the 2nd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within two months of receipt of the judgment, whereupon the 2nd respondent/authorized officer was to take up Ext.P3 and pass appropriate orders in accordance with law within five months of receipt of the report.

2025:KER:24273

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 21^ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

WP(C) NO. 7647 OF 2025

PETITIONER/S:

SUJITH N.T., AGED 51 YEARS S/O. N.T. DIVAKARAN, NARAKATH THIRISSERY HOUSE, KOTTALY, KOZHIKODE, PIN - 673016

BY ADVS. P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.)

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

2 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER,CIVIL STATION P.O., KOZHIKODE, PIN - 673020

3 THE DEPUTY COLLECTOR, COLLECTORATE, CIVIL STATION P.O., KOZHIKODE, PIN - 673020

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4 THE VILLAGE OFFICER, CHALAVOOR VILLAGE, CHALAVOOR P.O., KOZHIKODE, PIN - 673571

5 THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN, PUTHIYARA, KOZHIKODE, PIN - 673004

6 BAJAJ FINANCE LIMITED, REPRESENTED BY ITS MANAGER,4TH FLOOR, D.D. TRADE TOWER, KALOOR, ERNAKULAM, PIN - 682017

7 BANK OF BARODA, REPRESENTED BY ITS ZONAL MANAGER, ZONAL OFFICE, METRO STATION COMPLEX, M.G. ROAD, ERNAKULAM, PIN - 682018

8 THE MANAGER, BANK OF BARODA,SPECIALISED PORTFOLIO ASSET BRANCH, INIZIO BUSINESS CENTER, UNIT-2, GROUND FLOOR,CARDINAL GRACIOUS ROAD, CHAKALA, ANDHERI EAST, MUMBAI, PIN - 400099

OTHER PRESENT:

Shri.K.Anand, SC, Smt.Amminikutty.K, Sr.G.P

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, 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 3.424 Ares comprised in Sy.No.43/30 in Block No.001 of Chalavoor Village in Kozhikode District. The grievance of the petitioner is that, the said property was wrongly described as “paddy land” 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 01.01.2025. The limited prayer sought by the petitioner is to direct the 2nd 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 4 th respondent shall forward a report as to the nature of the property of the 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

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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 five months from the date of receipt of such report.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

rpk

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APPENDIX OF WP(C) 7647/2025

PETITIONER EXHIBITS

Exhibit -P1 TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT DATED 2-7-2024 Exhibit -P2 TRUE COPY OF THE JUDGMENT DATED 30-092024 IN W.P.(C)NO. 34101/2024 Exhibit -P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1-1-2025 Exhibit -P4 TRUE COPY OF THE OFFER LETTER GIVEN BY THE 6TH RESPONDENT DATED 6-1-2025