Kerala High Court
C.Rajendran vs The Authorized Officer(Deputy ... on 16 April, 2025
2025:KER:32570
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. 16354 OF 2025
PETITIONERS:
1 C.RAJENDRAN
AGED 72 YEARS, S/O CHELLAPPAN, ADVOCATE, LAILA
NIVAS, T.C.NO.76/2202, VENPALAVATTOM, ANAYARA
P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695 029.
2 LAILA V.S
AGED 67 YEARS, W/O ADV.C.RAJENDRAN, LAILA
NIVAS, T.C.NO.76/2202, VENPALAVATTOM, ANAYARA
P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695 029.
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 - 695 034.
2 THE VILLAGE OFFICER
KADAKAMPALLY VILLAGE, KADAKAMPALLY P.O.,
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W.P.(C) No.16354 of 2025
2
THIRUVANANTHAPURAM, PIN - 695 029.
BY ADV
RESHMI K.M., SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.16354 of 2025
3
JUDGMENT
Dated this the 16th day of April, 2025
The petitioners are the owners in possession of an
extent of 3.93 Ares of land comprised in Sy. No.1624/2-1, Block
No.001 of Kadakampally Village, Thiruvananthapuram Taluk, in
Thiruvananthapuram District. Grievance of the petitioners is that,
even though the property of the petitioners is not included in the
Data Bank prepared for the purpose of Kerala 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
petitioners submitted Ext.P5 application in Form-6 on 29.03.2025.
2. Limited prayer sought by the petitioners is to
direct the 1st respondent-Deputy Collector before whom the said
application is pending to pass orders thereon within a time frame.
3. After hearing the learned counsel for the
petitioners and the learned Government Pleader, I am inclined to
dispose of this writ petition.
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Accordingly, it is ordered that, the 2nd respondent-Village
Officer shall forward a report regarding the nature of the property
of the petitioners to the 1 st respondent 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.P5 application shall be
passed by the 1st respondent 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
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APPENDIX OF WP(C) 16354/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF DOCUMENT NO.1403/2015
DATED 16-04-2015 OF
S.R.O.THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE POSSESSION
CERTIFICATE NO.1942/24 DATED 07-08-
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.731/2025 DATED
29-03-2025 ISSUED BY THE 1ST
RESPONDENT
Exhibit P5 TRUE COPY OF THE APPLICATION PREFERRED
BY THE PETITIONERS IN FORM NO.6 BEFORE
THE OFFICE OF THE 1ST RESPONDENT DATED
29-03-2025
