Landowner alleged his property was wrongly included in the Data Bank as 'nanja' despite prior reclamation. He sought consideration of his Form 5 application. The Court directed the Village Officer to report on the land's nature to the authorized officer, who must then decide the application in accordance with law.
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2025:KER:22850
WP(C) NO. 9355 OF 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946
WP(C) NO. 9355 OF 2025
PETITIONER:
MOYITTY C.T.,
AGED 69 YEARS, S/O. KATHALI,
RESIDING @ REJULAS HOUSE, PALAZHI,
G.A. COLLEGE P.O., KOZHIKODE DT.,
PIN - 673014
BY ADV AFTHABUDHEEN P.K
RESPONDENTS:
1 THE DEPUTY COLLECTOR (RR), KOZHIKODE CIVIL STATION, KOZHIKODE, PIN - 6730202VILLAGE OFFICER,
PANTHEERANKAVU VILLAGE OFFICE, ARAPPUZHA,
PANTHEERANKAVU P.O., KOZHIKODE DT.,
PIN - 673019
3AGRICULTURAL OFFICER,
OLAVANNA KRISHI BHAVAN, KUNNATHUPALAM,
G.A. COLLEGE P.O., KOZHIKODE DT.,
PIN - 673014
4 REVENUE DIVISIONAL OFFICER, KOZHIKODE CIVIL STATION, KOZHIKODE, PIN – 6730202025:KER:22850
WP(C) NO. 9355 OF 2025
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BY ADV
SMT.AMMINIKUTTY K., SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 9355 OF 2025
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JUDGMENT
The petitioner is the owner in possession of property having an extent of 12 Ares 28.57 Square Meters comprised in Survey Nos. 12/141, 12/142, 12/143, and 12/18 in Pantheerankavu village, Kozhikode Taluk, 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 01.02.2025. 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, the learned Government Pleader for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 2nd respondent shall forward a report regarding the nature of the
WP(C) NO. 9355 OF 2025
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property of the petitioner, 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 this judgment. Thereupon, the 1st respondent, 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 five months from the date of receipt of such report.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
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WP(C) NO. 9355 OF 2025
APPENDIX OF WP(C) 9355/2025
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE VILLAGE
OFFICE, PANTHEERANKAVU TO THE
PETITIONER HEREIN, IN RESPECT OF AFORE
PROPERTY, TOWARDS THE PURPOSE OF
CONVERSION OF NATURE OF LAND, HAVING
NO. 113/25, DATED 25.01.2025
Exhibit P2TRUE COPY OF THE APPLICATION IN FORM
5, DATED 01.02.2025 SUBMITTED BY THE
PETITIONER BEFORE THE 1 ST RESPONDENT
Exhibit P3TRUE COPY OF THE REMITTED REQUISITE
FEES FOR THE FORM 5 APPLICATION DATED
04.02.2025
1 issue framed by the court
Whether the respondents can be directed to consider the petitioner's Form 5 application for removal of his land from the Data Bank as 'nanja' within a time frame?
1 provisions across 1 enactments
MOYITTY C.T.
THE DEPUTY COLLECTOR (RR), KOZHIKODE
VILLAGE OFFICER, PANTHEERANKAVU VILLAGE OFFICE
AGRICULTURAL OFFICER, OLANNA KRISHI BHAVAN
REVENUE DIVISIONAL OFFICER, KOZHIKODE
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court