Anoop T.I., Vs the Revenue Divisional Officer — Kerala HC (2025) — LawSathi Research

Anoop T.I., Vs the Revenue Divisional Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: 3rd respondent (Agricultural Officer) to forward a report on the nature of the petitioner's property to the 2nd respondent (Deputy Collector (LR)), authorised officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within two months of receipt of the judgment copy; 2nd respondent to thereafter take up Ext.P3 (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 land, included in the Data Bank as "Nilam" notwithstanding that it stood reclaimed prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008, warranted correction through the Form-5 process. +1 more

Ratio / Principle

The 3rd respondent (Agricultural Officer) shall forward a report regarding the nature of the petitioner's property to the 2nd respondent (Deputy Collector (LR)), the authorised officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

Key takeaways

The report of the 3rd respondent is to be forwarded within a period of two months from the date of receipt of a copy of the judgment.ratio¶31
Thereupon, the 2nd respondent (Deputy Collector (LR)), the authorised officer referred to above, shall take up Ext.P3 application and pass appropriate orders thereon in accordance with law within a period of six months from the date of receipt of such report.ratio¶31

Detailed headnote1 paragraphs

Kerala High Court (Ziyad Rahman A.A., J.), WP(C) No. 9333 of 2025, decided 10.03.2025: Petitioners owning 10 Ares 14 Sq.Mtrs in Re.Survey No.104/1-7, Block No.6, Parakkadavu Village, Aluva Taluk, Ernakulam, complained that their land was wrongfully included in the Data Bank as "Nilam" although reclaimed prior to the Kerala Conservation of Paddy Land and Wetland Act, 2008, and sought disposal of their Ext.P3 Form-5 application filed on 19.02.2025. Without adjudicating the classification itself, the Court disposed of the writ with time-bound directions: the 3rd respondent (Agricultural Officer) to report on the nature of the property to the 2nd respondent (Deputy Collector (LR)), the authorised officer under S.2(xvA) of the 2008 Act, within two months of receipt of the judgment copy, and the 2nd respondent to consider Ext.P3 and pass appropriate orders in accordance with law within six months of the report.

2025:KER:20320

WP(C)No.9333 of 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946

WP(C) NO. 9333 OF 2025

PETITIONER/S:

1 ANOOP T.I., AGED 43 YEARS

S/O. ITTIRA, THALIYAKKUZHI (H), ERAVATHOOR,
CHALAKUDY,THRISSUR DISTRICT, PIN - 680307

2 GIFTY , AGED 41 YEARS W/O ANOOP T.I, THALIYAKKUZHI (H), ERAVATHOOR, CHALAKUDY,THRISSUR DISTRICT, PIN - 680307

BY ADV M.S.SHAMLA

RESPONDENT/S:

1 THE REVENUE DIVISIONAL OFFICER , OFFICE OF THE REVENUE DIVISIONAL OFFICER,FORT KOCHI, ERNAKULAM, PIN - 682001

2 THE DEPUTY COLLECTOR (LR), COLLECTORATE ,KAKANAD, ERNAKULAM, PIN - 682030

3 THE AGRICULTURAL OFFICER , KRISHIBHAVAN, PARAKADAVU,ERNAKULAM, PIN - 683579

4 THE VILLAGE OFFICER, PARAKADAVU VILLAGE OFFICE, ERNAKULAM, PIN - 683579

OTHER PRESENT:

Smt.Amminikutty.K, Sr.G.P

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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J U D G M E N T

The petitioner is the owner in possession of property having an extent of 10 Ares 14 Sq.Mtrs of land comprised in Re.Survey No.104/1-7 in Block No.6 of Parakkadavu Village, Aluva Taluk of Ernakulam 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.P3 application in Form-5 on 19.02.2025. 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 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent, the authorized of fi cer under Section 2(xv A) of

WP(C)No.9333 of 2025

2025:KER:20320

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, the authorized ofcer as referred to above fi shall take up Ext.P3 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/22.03

WP(C)No.9333 of 2025

2025:KER:20320

APPENDIX OF WP(C) 9333/2025

PETITIONER EXHIBITS

Exhibit P1TRUE COPY OF THE TAX RECEIPT WITH
T.P.NO.10909DATED 19.02.2025

Exhibit P2TRUE COPY OF THE EXTRACT OF DATA BANK
PUBLISHED IN GAZETTE NOTIFICATION DATED
23.2.2012

Exhibit P3TRUE COPY OF THE APPLICATION SUBMITTED UNDER
FORM 5 DATED 19-02-2025 SUBMITTED BEFORE THE
RESPONDENT

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE