Abdul Shefeek vs The Revenue Divisional Officer
2025 Latest Caselaw 7997 Ker

Kerala High Court

Abdul Shefeek vs The Revenue Divisional Officer on 16 April, 2025

                                                 2025:KER:32605

           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. 16321 OF 2025

PETITIONER:

           ABDUL SHEFEEK
           AGED 38 YEARS,S/O MUHAMMED,
           PALATHINGAL HOUSE, PATTAMBI P.O,
           PALAKKAD DISTRICT, PIN - 679303


           BY ADVS.
           P.K.SOYUZ
           E.V.BABYCHAN



RESPONDENTS:

    1      THE REVENUE DIVISIONAL OFFICER
           OTTAPALAM RDO OFFICE, OTTAPALAM P.O,
           PALAKKAD DISTRICT, PIN - 679101

    2      THE DEPUTY COLLECTOR (LR)
           PALAKKAD DISTRICT, CIVIL STATION,
           PALAKKAD P.O, PALAKKAD DISTRICT .,
           PIN - 678001

    3      THE AGRICULTURAL OFFICER
           MUTHUTHALA KRISHI BHAVAN, MUTHUTHALA P.O,
           PALAKKAD DISTRICT, PIN - 679303

    4      THE VILLAGE OFFICER
           MUTHUTHALA VILLAGE MUTHUTHALA P.O ,
                                                    2025:KER:32605
WP(C) NO. 16321 OF 2025

                               2
            PALAKKAD DISTRICT, PIN - 679303

            SENIOR GOVERNMENT PLEADER - ADV. THUSHARA JAMES


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.04.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                    2025:KER:32605
WP(C) NO. 16321 OF 2025

                                 3
                           JUDGMENT

The petitioner is in joint ownership and in possession

of 13.45 Ares of land comprised in re-survey No.463/ 1-6-1 (old

sy.No.70/2) of Muthuthala village in Pattambi 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 stands 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 26.01.2025. The limited prayer sought

by the petitioner is to direct the second respondent to pass

orders thereon within a time frame.

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 third

respondent - Agricultural Officer shall forward a report

regarding the nature of the property of the petitioner, to the

second respondent, or the authorized officer under Section 2025:KER:32605 WP(C) NO. 16321 OF 2025

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 second 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 two months from the

date of receipt of such report.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

RK 2025:KER:32605 WP(C) NO. 16321 OF 2025

APPENDIX OF WP(C) 16321/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY THE LAND TAX RECEIPT ISSUED BY THE 4 TH RESPONDENT DATED 18.11.2024

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF MUTHUTHALA GRAMA PANCHAYATH DATED NIL

Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 26.01.2025