Kerala High Court
Binoyi Abraham vs State Of Kerala on 22 April, 2025
2025:KER:32967
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
WP(C) NO. 16557 OF 2025
PETITIONER/S:
BINOYI ABRAHAM,
AGED 62 YEARS
SON OF M.K.ABRAHAM, MECHERIL HOUSE,
KOTHAMANGALAM VILLAGE, M.A.COLLEGE P.O,
KOTHAMANGALAM, ERNAKULAM,, PIN - 686666
BY ADVS.
PEEYUS A.KOTTAM
EMIL HANNA THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, GROUND FLOOR, PATTIMATTOM -
MUVATTUPUZHA ROAD, MUVATTUPUZHA, KERALA, PIN - 686673
3 LOCAL LEVEL MONITORING COMMITTEE,
KOTHAMANGALAM, REPRESENTED BY ITS CONVENOR/AGRICULTURAL
OFFICER, KRISHI BHAVAN, KOTHAMANGALAM, PIN - 686666
4 THE TAHSILDAR,
KOTHAMANGALAM TALUK OFFICE, FOURTH FLOOR, REVENUE TOWER,
SH 16, KOTHAMANGALAM, KERALA, PIN - 686666
W.P.(C) No.16557 of 2025
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5 VILLAGE OFFICER,
KOTHAMANGALAM VILLAGE OFFICE, 3J89+4X2,
KOTHAMANGALAM, KERALA, PIN - 686666
OTHER PRESENT:
GP- PARVATHY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.16557 of 2025
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P.M. MANOJ, J
------------------------------
W.P.(C) No.16557 of 2025
--------------------------------------------------
Dated this the 22nd day of April, 2025
JUDGMENT
The petitioner, stated to be the owner of the properties
having an extent of 13.36 Ares and 9.19 Ares of land comprised in
Survey Nos.1383/5A1 and 1392/1/2 situated in Kothamangalam
Taluk, in Kothamangalam Village in Ernakulam District, has
preferred Exts.P9 and P10 applications under Form 5 of the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008, (for
short, the Act and the Rules) seeking deletion of the properties
from the data bank.
2. The learned counsel for the petitioner submits that no
orders have been passed on the statutory application so far.
3. Under such circumstances, there will be a direction to
the Agricultural Officer concerned to provide sufficient inputs
required under the Act and the Rules to the 2nd respondent
Revenue Divisional Officer or the officer authorised under Section
2(XVA) of the Act, within two months from today. On receipt of
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the same, the 2nd respondent Revenue Divisional Officer/
authorised officer will consider Exts.P9 and P10 applications
within three months thereafter and pass orders strictly in terms
of the Act and the Rules.
The writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sss
2025:KER:32967
APPENDIX OF WP(C) 16557/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING
PAYMENT OF PROPERTY TAX FOR THE 13.36
ARES OR PROPERTY IN SY.NO.1383/5A-1-2 FOR
THE YEAR 2023-2024 DATED 09.02.2024 OF
KOTHAMANGALAM VILLAGE UNDER THANDAPER
NO.32395
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT SHOWING
PAYMENT OF PROPERTY TAX FOR THE 9.19 ARES
OF PROPERTY IN SY.NO. 1392/1-2-3 FOR THE
YEAR 2023-2024 DATED 27.09.2023 UNDER
THANDAPER NO. 29288 OF KOTHAMANGALAM
VILLAGE
Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS OF THE
REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
BEARING NO. A9/7424/15 DATED 20.11.2015
PERTAINING TO 13.36 ARES OR PROPERTY IN
SY.NO.1383/5A-1-2 OF KOTHAMANGALAM
VILLAGE
Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS OF THE
MUVATTUPUZHA REVENUE DIVISIONAL OFFICER
BEARING NO. KDS 6717/2015 DATED
20.10.2015
Exhibit P5 PHOTOGRAPHS SHOWING THE LIE AND NATURE OF
THE AFORESAID TWO ITEMS OF PROPERTIES
Exhibit P6 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT TAHSILDAR DATED 18.10.2024
TO CHANGE THE DESCRIPTION OF THE
PETITIONER'S PROPERTY HAVING 13.36 ARES
OF PROPERTY IN SY.NO.1383/5A1 ALONG WITH
FORM A APPLICATION UNDER KERALA LAND TAX
ACT, 1961
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Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE TAHSILDAR DATED
18.10.2024 TO CHANGE THE DESCRIPTION OF
THE PETITIONER'S PROPERTY HAVING 9.19
ARES IN SY.NO. 1392/1-2 OF KOTHAMANGALAM
VILLAGE ALONG WITH FORM A APPLICATION
UNDER KERALA LAND TAX ACT, 1961
Exhibit P8 THE TRUE COPY OF THE DATA BANK PERTAINING
TO PETITIONER'S PROPERTY IN 13.36 ARES OF
PROPERTY IN SY.NO.1383/5A-1-2 AND 9.19
ARES OF PROPERTY COMPRISED IN SY.NO.
1392/1/2 OF KOTHAMANGALAM VILLAGE ISSUED
BY THE AGRICULTURAL OFFICER,
KOTHAMANGALAM
Exhibit P9 THE TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER PERTAINING TO
HIS 13.36 ARES OR PROPERTY IN
SY.NO.1383/5A-1-2 OF KOTHAMANGALAM
VILLAGE BEFORE THE REVENUE DIVISIONAL
OFFICER, MUVATTUPUZHA DATED 23.03.2024
Exhibit P10 THE TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER PERTAINING TO
HIS 9.19 ARES OR PROPERTY IN 1392/1-2-3
OF KOTHAMANGALAM VILLAGE FILED BEFORE THE
REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
DATED 23.03.2024
Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P.(C)
41155/2024 DATED 06.01.2025 PASSED BY
THIS HON'BLE COURT
Exhibit P12 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT DATED 27.01.2025 ISSUED BY
KOTHAMANGALAM TALUK OFFICE TOWARDS EXT-
P11 JUDGMENT
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Exhibit P13 THE TRUE COPY OF THE REJECTION ORDER
PASSED BY THE REVENUE DIVISIONAL OFFICER
DATED 30.08.2024
