Muhammed Favas Abbas vs The Revenue Divisional Officer
2025 Latest Caselaw 8007 Ker

Kerala High Court

Muhammed Favas Abbas vs The Revenue Divisional Officer on 16 April, 2025

                                               2025:KER:32608

           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. 16312 OF 2025

PETITIONER:

           MUHAMMED FAVAS ABBAS
           AGED 35 YEARS, S/O ABBAS FAVAS MANZIL ,
           PULICHARAM VEETTIL , KUNDALAYUR P.O ,
           THRISSUR DISTRICT., PIN - 680616


           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
           KRISHI BHAVAN PATTITHARA, PALAKKAD DISTRICT .,
           PIN - 679313

    4      THE VILLAGE OFFICER
           PATTITHARA VILLAGE PATTITHARA, PALAKKAD
           DISTRICT .,
                                                    2025:KER:32608
WP(C) NO. 16312 OF 2025

                                 2
            PIN - 679313


            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:32608
WP(C) NO. 16312 OF 2025

                                3
                        JUDGMENT

The petitioner is in ownership and in possession of 7.88

Ares of land comprised in Survey No.149/3-4 of Pattithara

Village, Pattambi Taluk. The grievance of the petitioner is that,

the property of the petitioner has been wrongfully included in

the Data Bank as Nanja (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

31.01.2025. 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 2025:KER:32608 WP(C) NO. 16312 OF 2025

second respondent or the authorized officer under Section

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:32608 WP(C) NO. 16312 OF 2025

APPENDIX OF WP(C) 16312/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 03.06.2024

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFIED DATA BANK OF PATTITHARA GRAMA PANCHAYATH DATED 16.03.2020

Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 31.01.2025 SUBMITTED BY THE PETITIONER IN FORM NO.5 BEFORE THE 1 ST RESPONDENT