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Kerala High Court

Harinarayanan vs The District Collector on 6 January, 2025

                                                             2025:KER:372
WP(C) No.40962 OF 2024
                                    1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
         MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
                         WP(C) NO. 40962 OF 2024
PETITIONER/S:
             HARINARAYANAN,
             AGED 45 YEARS
             S/O. RAMAKRISHNAN, MANADRAVIL, KANNADIKKAL, MALAPARAMB,
             VENGERI, KOZHIKODE, PIN - 673010

             BY ADVS.
             FARHANA K.H.
             MUHASIN K.M.0
RESPONDENT/S:

     1       THE DISTRICT COLLECTOR,
             CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE,
             PIN - 673020

     2       THE REVENUE DIVISIONAL OFFICER,
             KOZHIKODE REVENUE DIVISIONAL OFFICER,CIVIL STATION,
             WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020

     3       THE DEPUTY COLLECTOR (RR),
             COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
             ERANHIPPALAM, KOZHIKODE, PIN - 673020

     4       THE TAHSILDAR,
             KOZHIKODE TALUK OFFICE, WAYANAD RD, CIVIL STATION,
             ERANHIPPALAM, KOZHIKODE, PIN - 673020

     5       THE VILLAGE OFFICER,
             VENGERI VILLAGE OFFICE, VENGERI, KOZHIKODE, PIN -
             673020
OTHER PRESENT:

             ADV DEEPA V -GP


      THIS    WRIT   PETITION   (CIVIL)    HAVING   BEEN   FINALLY   HEARD
06.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                         2025:KER:372
WP(C) No.40962 OF 2024
                                           2


                             J U D G M E N T

The petitioner is the co-owner of the property having an extent of 55 Ares 56.44 Sq.mtr of land out of which 51 Ares 61.87 Sq Mtr comprised in Sy.No.583/4J of Block No. 002 of Vengeri Village in Kozhikode Taluk in Kozhikode District.

2. The grievance of the petitioner is that the property was wrongly described as 'Nanja' in the revenue records even though the same is not included in the Data Bank. Therefore, an application in Form 7 which is produced as Ext.P3 dated 13.07.2022, has been submitted by him, before the 2nd respondent, and it is now pending consideration. The limited prayer sought by the petitioner is to direct the 2nd respondent to pass orders thereon within a time frame.

3. After hearing the learned counsel for the petitioner and the learned Government 2025:KER:372 WP(C) No.40962 OF 2024 3 Pleader, I am inclined to dispose of this writ petition.

Accordingly it is ordered that, the 5th respondent shall forward a report as to the nature of the property of the petitioner, to the 3rd respondent, the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of one month from the date of receipt of a copy of this judgment and thereupon, the 3rd respondent, the authorized officer shall take up Ext.P3 application and appropriate orders thereon shall be passed in accordance with law, within a period of one month from the date of receipt of such report.

Sd/-

ZIYAD RAHMAN A.A. JUDGE SM 2025:KER:372 WP(C) No.40962 OF 2024 4 APPENDIX OF WP(C) 40962/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 04.06.2024 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 7 DATED 13.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 13.07.2022 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE