Kerala High Court
S.S.Latha vs The Authorized Officer(Deputy ... on 16 April, 2025
2025:KER:32625
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
WP(C) NO. 16398 OF 2025
PETITIONER:
S.S.LATHA
AGED 62 YEARS
W/O S.RAVEENDRANATH, POOVATHOOR VILAKATHU VEEDU,
VENPALAVATTOM, KADAKAMPALLY, ANAYARA P.O.,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY HER POWER OF
ATTORNEY HOLDER, M/S OSKO BUILDERS INDIA PVT.LTD.,
T.C.NO.17/3656, JOSE BUILDING, CHALAKKUZHY ROAD, PATTOM P.O.,
THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS DIRECTOR
KAPPIL MUHAMMED SUDHEER., PIN - 695 004.
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
K.V.RAJESWARI
SUSHAMA DEVI M.
RESPONDENTS:
1 THE AUTHORIZED OFFICER(DEPUTY COLLECTOR)(DM)/
THE REVENUE DIVISIONAL OFFICER UNDER THE PROVISIONS OF THE
KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008,
OFFICE OF THE DEPUTY COLLECTOR, COLLECTORATE,
KUDAPPANAKUNNU P.O. THIRUVANANTHAPURAM, PIN - 695 043.
2 THE VILLAGE OFFICER
KADAKAMPALLY VILLAGE, KADAKAMPALLY P.O.,
THIRUVANANTHAPURAM, PIN - 695 029.
BY ADV. PARVATHY K., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.04.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.16398 OF 2025 : 2 :
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JUDGMENT
Dated this the 19th day of April, 2024
The petitioner is the owner of 8 Ares and 44
Sq.meter of land in survey No.1631/1-PT1 and 1631/2-1-
1-PT1 of Kadakampally Village, Thiruvananthapuram
Taluk in Thiruvananthapuram District. She has
approached this Court seeking a direction to the 1st
respondent/the Authorized Officer (Deputy Collector (DM)
to consider and pass orders on Ext.P5, Form-6
application filed under the Kerala Conservation of Paddy
Land and Wetland Rules, 2008.
2. The grievance of the petitioner is that, even
though the property of the petitioner is not included in
the Data Bank prepared for the purpose of Kerala
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Conservation of Paddy Land and Wetland Act, 2008, the
same is described as 'Nilam' in the revenue records. In
such circumstances, for classifying the property in the
revenue records as dry land, the petitioner submitted
Ext.5 application in Form-6 on 29.03.2025.
3. Limited prayer sought by the petitioner is to
direct the 1st respondent before whom the said
application is pending to pass orders thereon within a
time frame.
4. After hearing the learned counsel for the
petitioner and the learned Government Pleader, I am
inclined to dispose of this writ petition.
Accordingly, it is ordered that, the 2nd respondent
Village Officer shall forward a report regarding the
nature of the property of the petitioner to the 1 st
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respondent-Deputy Collector or the authorized 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. Upon receipt of the said report, appropriate
orders on Ext.5 application shall be passed by the 1st
respondent-Deputy Collector or the authorized officer as
referred above within a period of four months from the
date of receipt of a copy of the said report.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
AMR
2025:KER:32625
APPENDIX OF WP(C) 16398/2025
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF DOCUMENT NO.500/92 DATED 26-05-92
OF S.R.O. THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.1933/24 DATED 08-08-2024 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 03-04-
2025 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER NO.729/2025 DATED 29-03-2025
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION PREFERRED BY THE
PETITIONER IN FORM NO.6 BEFORE THE OFFICE OF
THE 1ST RESPONDENT DATED 29-03-2025.
