Kerala High Court
Francis Thomas vs The Revenue Divisional Officer on 28 March, 2025
2025:KER:27104
WP(C) NO. 12877 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 12877 OF 2025
PETITIONER:
FRANCIS THOMAS,
AGED 64 YEARS
S/O.THACHOTH HOUSE, CCRA / 14, PADAMUGAL P.O,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
SUB COLLECTOR,RDO OFFICE, FORT KOCHI P.O,
ERNAKULAM, PIN - 682001
2 DEPUTY COLLECTOR (R.R),
ERNAKULAM CIVIL STATION, KAKKANAD P.O,
ERNAKULAM DISTRICT, PIN - 682030
3 THE AGRICULTURAL OFFICER,
THRIKKAKARA KRISHI BHAVAN, KAKKANAD P.O,
ERNAKULAM DISTRICT, PIN - 682030
2025:KER:27104
WP(C) NO. 12877 OF 2025
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4 THE VILLAGE OFFICER,
VAZHAKKALA VILLAGE, VILLAGE OFFICE,
KAKKANAD P.O, ERNAKULAM DISTRICT,
PIN - 682030
BY ADV
SMT.AMMINIKUTTY.K, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 12877 OF 2025
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JUDGMENT
The petitioner is the owner in possession of property having an extent of 4.15 Ares comprised in Re Survey No.229/2 in Block No.9 of Vazhakkala Village, Kanayannoor Taluk. 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 13.05.2022. The limited prayer sought by the petitioner is to direct the 2nd 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 3 rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent, the authorized 2025:KER:27104 WP(C) NO. 12877 OF 2025 4 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. Thereupon, the 2nd respondent, 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 one month from the date of receipt of such report. The petitioner shall produce copy of the judgment before the 2nd respondent for compliance.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:27104 WP(C) NO. 12877 OF 2025 5 APPENDIX OF WP(C) 12877/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT IN TP NO. 6725 DATED 07.05.2024 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK OF THRIKKAKARA MUNICIPALITY DATED 03.02.2021 Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 13.05.2022 SUBMITTED BY THE PETITIONER IN FORM NO.5 BEFORE THE 1ST RESPONDENT