Kerala High Court
Carol Thomas vs State Of Kerala on 22 January, 2025
2025:KER:7235
WP(C)No.2536 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
WP(C) NO. 2536 OF 2025
PETITIONER/S:
CAROL THOMAS,
AGED 38 YEARS
S/O. THOMAS RESIDING AT THENGANAKALAM HOUSE, VEZHAPRA,
RAMANKARY, ALAPUZHA DISTRICT, PIN - 689595
BY ADV UNNI. K.K. (EZHUMATTOOR)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE
DEPARTMENT, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM,
PIN - 695001
2 DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
ALAPUZHA, PIN - 688001
3 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, ALAPUZHA, PIN - 688001
4 AGRICULTURAL OFFICER,
KRISHI BHAVAN, RAMANKARY GRAMA PANCHAYATH, RAMANKARY
P.O , ALAPUZHA DISTRICT, PIN - 689595
5 DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE(KSRSEC), C BLOCK VIKAS BHAVAN,
THIRUVANATHAPURAM, PIN - 695033
OTHER PRESENT:
Deepa.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:7235
WP(C)No.2536 of 2025
2
JUDGMENT
The petitioner is the owner in possession of property
having an extent of 19.20 Ares of land comprised in Re.Sy
No. 413/4-1 and 10.13 Ares in Re.Sy.No.413/4-2 in Block
No.024 of Ramankary Village, Kuttanad Taluk of Alappuzha
District.
2. According to the petitioner, despite the fact
that the property of the petitioner stood reclaimed before
the enactment of Kerala Conservation of Paddy Land and
Wetland Act, 2008 (hereinafter referred to as the Paddy
Land Act) the same was included in the Data Bank as
"Nilam". Even though the petitioner intended to submit
application in Form 5, by mistake Ext P2 Form 6 application
was uploaded. On realizing the mistake, the petitioner
made a request before the authorities concerned for
withdrawing the same. It was not permitted, and hence, the
petitioner approached this Court by filing WP(C) No.
35512/2024 for appropriate directions to enable the
petitioner to withdraw the said application. The said writ
petition was disposed of as per Ext.P3, granting permission
to the petitioner to do so with a direction to the Revenue
Divisional Officer concerned to return the application.
2025:KER:7235
3. However, in the meantime, Ext.P4 order was
passed by the 3rd respondent rejecting the application
submitted by the petitioner in Form 6. Immediately
thereafter, Ext.P5 proceedings under Sec.13 have been
initiated as well. Now the petitioner, submitted Form 5
application, which is produced as Ext.P6 for removing the
property from the Data Bank. The limited prayer sought by
the petitioner is to direct the 3rd respondent or the
authorized officer under Section 2(xvA) of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 to pass
orders on Ext.P6 application and to keep the proceedings
initiated pursuant to Ext.P5 in abeyance till a decision is
taken .
4. After hearing the learned counsel for the petitioner
and the learned Government Pleader, I am inclined to
dispose of this writ petition. Since the petitioners
application in Form 5 is pending consideration, a direction
can be issued to keep the proceedings pursuant to Ext.P5
in abeyance, till a decision is taken on his application in
Form 5.
2025:KER:7235
5. In the writ petition, the petitioner seeks a direction to
consider the application of the petitioner after obtaining a
report from the 5th respondent , the KSREC, as to the nature
of the property prior to the enactment of the Act. Since
such a report is to be prepared by the 5th respondent on the
basis of the satellite images of the property, the same
would be helpful in resolving the issue. Therefore,
necessary directions in this regard can also be issued.
Accordingly, it is ordered that, in case the petitioner is
submitting an application for a report of KSRSEC along with
the prescribed fees before the 4th respondent, the same
shall be forwarded by the said respondent, immediately to
the 5th respondent. On receipt of the same the 5 th
respondent shall make available the report showing the
nature of the property, prior to the enactment of the
Paddy Land Act, on the basis of satellite images, within a
period of one month. Thereupon, the 4th respondent shall
immediately forward the said report along with his report
regarding the nature of the property of the petitioner, to the
3rd respondent or the authorized officer under Section
2(xvA) of the Kerala Conservation of Paddy Land and
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Wetland Act, 2008, within two weeks of receipt of copy of
the report of the 5th respondent. Thereupon, the 3rd
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 four
months from the date of receipt of such report. As
mentioned above, till such time, the further proceeding
pursuant to Ext.P5 shall be kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
SM
2025:KER:7235
APPENDIX OF WP(C) 2536/2025
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE DATA BANK PUBLISHED BY
RAMANKARI GRAMAPANCHAYATH ON 20.08.2020
Exhibit.P2 TRUE COPY OF THE FORM 6 APPLICATION DATED
19.01.2024 ALONG WITH THE RECEIPT SHOWING THE
PAYMENT OF FEES
Exhibit.P3 TRUE COPY OF THE JUDGEMENT DATED 12.11.2024
Exhibit.P4 TRUE COPY OF THE ORDER DATED 22.10.2024 OF
THE 3RD RESPONDENT
Exhibit.P5 TRUE COPY OF THE NOTICE DATED 27.9.2024
SERVED TO THE PETITIONER ON 3.10.2024
Exhibit.P6 TRUE COPY OF THE APPLICATION ALONG WITH
RECEIPT SHOWING PAYMENT OF FEES DATED
24.12.2024
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
