Kerala High Court
Osko Builders India Pvt.Ltd vs The Authorized Officer(Deputy ... on 16 April, 2025
2025:KER:32597
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. 16337 OF 2025
PETITIONER:
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 - 695004
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
K.V.RAJESWARI
SUSHAMA DEVI M.
RINCY KHADER
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 - 695043
2 THE VILLAGE OFFICER
KADAKAMPALLY VILLAGE, KADAKAMPALLY P.O.,
THIRUVANANTHAPURAM, PIN - 695029
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WP(C) NO. 16337 OF 2025
2
GOVERNMENT PLEADER, ADV. PARVATHY.K
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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WP(C) NO. 16337 OF 2025
3
JUDGMENT
The petitioner is a Private Limited Company, who is
the absolute owner in possession of 7 Ares of dry land located
in Sy.Nos. 1624/1-2, 1624/1-3 and 1631/2-1-1 of Kadakampally
Village in Thiruvananthapuram. 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
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.P5 application
in Form-6 on 29.03.2025.
2. Limited prayer sought by the petitioner is to
direct the first respondent before whom the said application is
pending to pass orders thereon within a time frame.
3. After hearing the learned counsel for the
petitioner and the learned Government Pleader, I am inclined to
dispose of this writ petition.
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WP(C) NO. 16337 OF 2025
Accordingly, it is ordered that, the second respondent
Village Officer shall forward a report regarding the nature of
the property of the petitioner to the first 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. Upon receipt of the said report, appropriate orders
on Ext.P5 application shall be passed by the first respondent or
the authorized officer as referred above, within a period of two
months from the date of receipt of a copy of the said report.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
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WP(C) NO. 16337 OF 2025
APPENDIX OF WP(C) 16337/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DOCUMENT NO.1670/2024
DATED 25-07-2024 OF S.R.O.
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.3038/24 DATED 22-08-2024 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.728/2025 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
