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Thajudeen K S vs The Deputy Collector (La)
2025 Latest Caselaw 1107 Ker

Citation : 2025 Latest Caselaw 1107 Ker
Judgement Date : 17 July, 2025

Kerala High Court

Thajudeen K S vs The Deputy Collector (La) on 17 July, 2025

Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 22271 OF 2025           1


                                                      2025:KER:52916

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE C.S.DIAS

    THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947

                      WP(C) NO. 22271 OF 2025

PETITIONER:

          THAJUDEEN K S
          AGED 53 YEARS, S/O.SAIDU MEERAN RAVUTHAR,
          KOTTEKKAATTIL, POTTIMADA, VANIYAMPARA,
          PEECHI,VANIAMPARA,THRISSUR, KERALA, PIN - 680652


          BY ADVS. SHRI.RISHI VINCENT
          SHRI.M.I.INSAF MOOPPAN
          SMT.AYSHA E.M.
          SHRI.HASHIM K.M.
          SHRI.ABUASIL A.K.
          SMT.HANIYA NAFIZA V.S.


RESPONDENTS:
     1    THE DEPUTY COLLECTOR (LA)
          COLLECTORATE CIVIL STATION, PALAKKAD, PIN - 678001
     2    THE TAHSILDAR
          TALUK OFFICE, ALATHUR, PALAKKAD, PIN - 678541
     3    THE VILLAGE OFFICER
          MELARCODE VILLAGE, CHITTILAMCHERY-THRIPPALUR RD,
          CHITTALANCHERI, PALAKKAD DISTRICT, PIN - 678597
     4    REVENUE DIVISIONAL OFFICER
          PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,KERALA, PIN -
          678001
    *5    AGRICULTURAL OFFICER
          KRISHI BHAVAN UNGINCHUVADU - MELARCODE RD, MELARCODE,
          KERALA
          [ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
          17.07.2025 IN I.A.NO.01/2025 IN WP(C) NO.22271/2025]

          BY SMT.VIDYA KURIAKOSE, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22271 OF 2025           2


                                                 2025:KER:52916

                          JUDGMENT

Dated this the 17th day of July, 2025

The petitioner is the owner in possession of 80.94

Ares and 56.65 Ares of land comprised in Survey

Nos.219/10 and 219/9, respectively in Melarcode Village,

Alathur Taluk covered under Ext.P2 land tax receipt. The

respondents have erroneously classified the property as

paddy land and included in the data bank. The petitioner

desires to utilise the property for other purposes, other

than agricultural activities. To change the classification of

the property in the revenue records, the petitioner has

submitted Ext.P3 application before the 1st respondent on

15.03.2025 in Form 7 under Section 27A read with Rule

12(1) of the Kerala Conservation of Paddy Land and

Wetland Act and Rules, 2008 ('Act and Rules' in short). But,

the application has not been considered till date. Hence,

the writ petition.

2. Heard; the learned counsel for the petitioner and

the learned Senior Government Pleader.

2025:KER:52916

3. On a consideration of the facts and materials on

record, especially that Ext.P3 application is pending

consideration before 1st respondent since 15.03.2025, and

the same is statutory in nature, without expressing

anything on the merits of the application, I allow the writ

petition by ordering as follows:

(i) The respondents 3 and additional respondent 5 are directed to submit their reports as provided under Rule 12(4) of the Rules, to the authorised officer, within two months from the date of production of a copy of this judgment.

(ii) On receipt of the above reports, the 1 st respondent (authorised officer) shall consider and dispose of Ext.P3 application, in accordance with law, and as expeditiously as possible, at any rate, within two months from the date of receipt of the above reports.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE NAB

2025:KER:52916

APPENDIX OF WP(C) 22271/2025

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 587/2007 DATED 28/2/2007 BY WHICH THE PETITIONER PURCHASED 80.94 ARES (200.03 CENTS) AND 56.65 ARES (140 CENTS) ARES OF LAND SITUATED IN IN SURVEY NO.219/10, 219/9 RESPECTIVELY OF MELARCODE VILLAGE OF ALATHUR TALUK EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 09/05/2025 ISSUED TO THE PETITIONER IN RESPECT OF EXHIBIT P1 PROPERTY BY 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF FORM 7 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.1 DATED 15/03/2025

 
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