Kerala High Court
Thajudeen K S vs The Deputy Collector (La) on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 22271 OF 2025 1
2025:KER:52916
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 22271 OF 2025
PETITIONER:
THAJUDEEN K S
AGED 53 YEARS, S/O.SAIDU MEERAN RAVUTHAR,
KOTTEKKAATTIL, POTTIMADA, VANIYAMPARA,
PEECHI,VANIAMPARA,THRISSUR, KERALA, PIN - 680652
BY ADVS. SHRI.RISHI VINCENT
SHRI.M.I.INSAF MOOPPAN
SMT.AYSHA E.M.
SHRI.HASHIM K.M.
SHRI.ABUASIL A.K.
SMT.HANIYA NAFIZA V.S.
RESPONDENTS:
1 THE DEPUTY COLLECTOR (LA)
COLLECTORATE CIVIL STATION, PALAKKAD, PIN - 678001
2 THE TAHSILDAR
TALUK OFFICE, ALATHUR, PALAKKAD, PIN - 678541
3 THE VILLAGE OFFICER
MELARCODE VILLAGE, CHITTILAMCHERY-THRIPPALUR RD,
CHITTALANCHERI, PALAKKAD DISTRICT, PIN - 678597
4 REVENUE DIVISIONAL OFFICER
PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,KERALA, PIN -
678001
*5 AGRICULTURAL OFFICER
KRISHI BHAVAN UNGINCHUVADU - MELARCODE RD, MELARCODE,
KERALA
[ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
17.07.2025 IN I.A.NO.01/2025 IN WP(C) NO.22271/2025]
BY SMT.VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22271 OF 2025 2
2025:KER:52916
JUDGMENT
Dated this the 17th day of July, 2025 The petitioner is the owner in possession of 80.94 Ares and 56.65 Ares of land comprised in Survey Nos.219/10 and 219/9, respectively in Melarcode Village, Alathur Taluk covered under Ext.P2 land tax receipt. The respondents have erroneously classified the property as paddy land and included in the data bank. The petitioner desires to utilise the property for other purposes, other than agricultural activities. To change the classification of the property in the revenue records, the petitioner has submitted Ext.P3 application before the 1st respondent on 15.03.2025 in Form 7 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). But, the application has not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and the learned Senior Government Pleader. WP(C) NO. 22271 OF 2025 3
2025:KER:52916
3. On a consideration of the facts and materials on record, especially that Ext.P3 application is pending consideration before 1st respondent since 15.03.2025, and the same is statutory in nature, without expressing anything on the merits of the application, I allow the writ petition by ordering as follows:
(i) The respondents 3 and additional respondent 5 are directed to submit their reports as provided under Rule 12(4) of the Rules, to the authorised officer, within two months from the date of production of a copy of this judgment.
(ii) On receipt of the above reports, the 1 st respondent (authorised officer) shall consider and dispose of Ext.P3 application, in accordance with law, and as expeditiously as possible, at any rate, within two months from the date of receipt of the above reports.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 22271 OF 2025 4 2025:KER:52916 APPENDIX OF WP(C) 22271/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 587/2007 DATED 28/2/2007 BY WHICH THE PETITIONER PURCHASED 80.94 ARES (200.03 CENTS) AND 56.65 ARES (140 CENTS) ARES OF LAND SITUATED IN IN SURVEY NO.219/10, 219/9 RESPECTIVELY OF MELARCODE VILLAGE OF ALATHUR TALUK EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 09/05/2025 ISSUED TO THE PETITIONER IN RESPECT OF EXHIBIT P1 PROPERTY BY 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF FORM 7 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.1 DATED 15/03/2025