Disposed¶31

Ayisha Hannath, v. the Authorised Officer Under the Paddy Land and Wet Land Act

Paddy Land and Wetland Act, 2008 – Form-5 application – Data Bank entry as 'Nanja'

Kerala HC10 Mar 2025WP(C)/9250/2025

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Case brief

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What is this about?

Kerala Conservation of Paddy Land and Wetland Act 2008; Form-5 application; Data Bank 'Nanja' entry; Authorised Officer Section 2(xv A); time-bound disposal; Village Officer report; Vengeri Village Kozhikode; Survey No.85/98 Block No.1; Ext.P2 dated 20.09.2024; writ petition disposed with directions.

What did the court decide?

Writ petition disposed of with directions: the 4th respondent to forward a report on the nature of the petitioner's property to the 1st respondent (Authorised Officer under Section 2(xv A)) within two months, and the 1st respondent to pass appropriate orders on Ext.P2 (Form-5) application in accordance with law within three months of receipt of such report. ¶31

Ayisha Hannath, Vs the Authorised Officer Under the Paddy Land and Wet Land Act — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 1st respondent (Authorised Officer under Section 2(xv A) of the Kerala Conservation of Paddy Land and Wetland Act, 2008) should be directed to consider and pass orders on the petitioner's Ext.P2 Form-5 application concerning the wrongful Data Bank entry of her land as 'Nanja', within a time frame.

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Court's answer

The 4th respondent (Village Officer) shall forward a report regarding the nature of the petitioner's property to the 1st respondent, the Authorised Officer under Section 2(xv A) 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.

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Ratio / Principle

The 1st respondent (Authorised Officer) shall take up Ext.P2 application and pass appropriate orders thereon in accordance with law within three months from the date of receipt of the report of the 4th respondent.

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Detailed headnote1 paragraphs

Paddy Land and Wetland Act, 2008 – Form-5 application – Data Bank entry as 'Nanja' – Petitioner, owner of 1 Ares 21.14 Sq.Mtrs in Survey No.85/98, Block No.1, Vengeri Village, Kozhikode, alleged wrongful inclusion of her reclaimed land in the Data Bank and had filed Ext.P2 Form-5 application on 20.09.2024 before the Authorised Officer under Section 2(xv A) of the Act. Writ petition disposed of directing the Village Officer (4th respondent) to forward a report on the nature of the property to the Authorised Officer within two months, and the Authorised Officer (1st respondent) to take up Ext.P2 and pass appropriate orders in accordance with law within three months of receipt of the report.

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2025:KER:20317

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WP(C)No.9250 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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MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946

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WP(C) NO. 9250 OF 2025

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PETITIONER/S:

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AYISHA HANNATH, AGED 39 YEARS

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W/O. ALIF TA,MARWA GREEN NAGAR, KRISHNAN NAIR ROAD,
KURUVASSERY P.O, KOZHIKODE DISTRICT, PIN - 673010

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BY ADV SAIGI JACOB PALATTY

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RESPONDENT/S:

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1 THE AUTHORISED OFFICER UNDER THE PADDY LAND AND WET LAND ACT, DEPUTY COLLECTOR (RR), COLLECTRATE, KOZHIKODE CIVIL STATION, ERANHIPALAM P.O, KOZHIKODE DISTRICT, PIN - 673020

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2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOZHIKODE , ERANHIPALAM P.O, KOZHIKODE DISTRICT, PIN - 673020

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3THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PUTHIYARA, PUTHIYARA P.O, KOZHIKODE
DISTRICT, PIN - 673004

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4THE VILLAGE OFFICER,
VENGERI VILLAGE OFFICE, CIVIL STATION P.O, KOZHIKODE
DISTRICT, PIN - 672030

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OTHER PRESENT:

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Smt.Amminikutty.K, Sr.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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2025:KER:20317

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WP(C)No.9250 of 2025

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J U D G M E N T

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The petitioner is the owner in possession of property having an extent of 1 Ares 21.14 Sq.Mtrs of land comprised in Survey No.85/98 in Block No.1 of Vengeri Village, Kozhikode Taluk of Kozhikode 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.P2 application in Form-5 on 20.09.2024. The limited prayer sought by the petitioner is to direct the 1st respondent to pass orders thereon within a time frame.

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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 4th respondent shall forward a report regarding the nature of the property of the petitioner, to the 1st respondent, the authorized of fi cer under Section 2(xv A) of

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WP(C)No.9250 of 2025

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2025:KER:20317

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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 1st respondent, 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 three months from the date of receipt of such report.

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The writ petition is disposed of.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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SM/22.03

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WP(C)No.9250 of 2025

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2025:KER:20317

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APPENDIX OF WP(C) 9250/2025

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF LAND TAX RECEIPT DATED
13.02.2025
Exhibit P2TRUE COPY OF THE FORM 5 APPLICATION

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TRUE COPY OF THE FORM 5 APPLICATION
5/2024/122904 DATED 20.09.2024 IN THE 1ST
RESPONDENT OFFICE

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A.TO JUDGE

Ayisha Hannath, v. the Authorised Officer Under the Paddy Land and Wet Land Act

Case brief

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Ayisha Hannath, v. the Authorised Officer Under the Paddy Land and Wet Land Act

Case brief

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Why is it important?

What the court decided

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