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NAJUMA A.I v. STATE

Kerala High Court
Jun 17, 2025

WP(C) NO. 19275 OF 2025

2025:KER:42912

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947

WP(C) NO. 19275 OF 2025

PETITIONER:

NAJUMA A.I

AGED 54 YEARS

W/O ANWAR, MRRA-104/A, VAZHAKALA, KAKKANAD., PIN -

682030

BY ADVS.

SMT.M.A.SULFIA

SRI.ABDUL JALEEL.A

RESPONDENTS:

1 STATE

STATE OF KERALA, REPRESENTED BY SECRETARY (REVENUE),

SECRETARIAT, TRIVANDRUM, PIN - 695001

2 DEPUTY COLLECTOR

(LA)/REVENUE DIVISIONAL OFFICER, (ALUVA TALUK)

COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,

PIN - 682030

3 THE VILLAGE OFFICER

KEEZHMAD, ERUMATHALA, ALUVA, ERNAKULAM, PIN - 683112

4 KEEZHMAD GRAMA PANCHAYATH

KEEZHMAD GRAMA PANCHAYATH OFFICE, ERUMATHALA, ALUVA,

ERNAKULAM, REPRESENTED BY ITS SECRETARY., PIN -

683112

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BY ADV SHRI.K.S.ARUN KUMAR

SR GP SMT VIDYA KURIAKOSE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.S.DIAS, J.

--------------------------------------- WP(C) No.19275 of 2025

----------------------------------------- Dated this the 17th day of June, 2025

JUDGMENT

The writ petition is filed to direct the 2nd respondent to consider Ext.P5 application in Form 6 submitted under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short).

2. The petitioner is the owner in possession of 2.32 Ares of land comprised in Survey No.295/7-2 of Keezhmad Village, Aluva Taluk, Ernakulam District, covered by Ext.P1 land tax receipt. The petitioner's property is a 'naturally filled up land'. However, the respondents have erroneously classified the petitioner's property as 'paddy land' in the revenue records. In order to change the category of the land in the revenue records, the petitioner has submitted Ext.P5 application before the 3rdrespondent on 24.04.2025.

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But the same has not been considered till date. Hence, the writ petition.

3. Heard; the learned counsel for the petitioner and the learned Government Pleader.

4. On a consideration of the facts and materials on record, especially that Ext.P5 application is pending consideration before 3rdrespondent since 24.04.2025 and the same is statutory in nature, without expressing anything on the merits of the matter, I dispose of the writ petition in the following manner:

(i) The 3rdrespondent/authorised officer is directed to submit a report before the 2ndrespondent within one month from the date of production of a copy of this judgment.

(ii) Immediately on receipt of the report from the 3rdrespondent, the 2ndrespondent/authorised officer shall consider and dispose of Ext.P5 application, in accordance with law, and as expeditiously as possible, at any rate, within one month from the date of receipt of the report

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from the 3rdrespondent. The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

SCB.17.06.25.