Kerala High Court
Mohammed Nasik C.A vs Revenue Divisional Officer, Palakkad on 7 January, 2025
2025:KER:747
WP(C) NO. 162 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 162 OF 2025
PETITIONER:
MOHAMMED NASIK C.A.,
AGED 44 YEARS
S/O ABDUL JALEEL C.K, CHENGOTT PARAMBIL,
ARAFA NAGAR, PALLIPURAM, PALAKKAD,
PIN - 678006
BY ADV M.P.SUNITHA BEEGUM
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER, PALAKKAD,
REVENUE DIVISIONAL OFFICE,
PALAKKAD DISTRICT, PIN - 678001
2 THE AGRICULTURAL OFFICER,
PIRAYIRI KRISHI BHAVAN, PIRAYIRI P O,
PALAKKAD DISTRICT, PIN - 678006
BY ADV.
ADV.AMMINIKUTTY.K, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:747
WP(C) NO. 162 OF 2025
2
JUDGMENT
The petitioner is the owner in possession of property having an extent of 1 Are 21 Square Meters comprised in Survey Number 428/4-37 in Block 020 in Pirayiri Village, Palakkad Taluk in Palakkad 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 25.07.2024. The limited prayer sought by the petitioner is to direct the 1 st 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 property of the petitioner, to the 1 st respondent or the authorized 2025:KER:747 WP(C) NO. 162 OF 2025 3 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 or the authorized officer as referred to above shall take up Ext.P3 application and pass appropriate orders thereon in accordance with law, within a period of four months from the date of receipt of such report.
Sd/-
ZIYAD RAHMAN A.A., JUDGE scs 2025:KER:747 WP(C) NO. 162 OF 2025 4 APPENDIX OF WP(C) 162/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 09.07.2024 ISSUED FROM PIRAYIRI VILLAGE TO THE PETITIONER Exhibit P2 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 14.07.2024 ISSUED BY PIRAYIRI VILLAGE OFFICE Exhibit P3 TRUE PHOTOCOPY OF THE FORM 5 APPLICATION DATED 25.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT