Kerala High Court
T M Hydhar vs The Revenue Divisional Officer on 17 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 19141 OF 2025 1
2025:KER:52915
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. 19141 OF 2025
PETITIONER:
T M HYDHAR
AGED 76 YEARS, S/O MOIDHU, THALASSERIKKARAN HOUSE,
CHENDRAPPINNI, THRISSUR,, PIN - 680687
BY ADVS. SHRI.HAMDAN MANSOOR K.
SRI.P.B.SUNEER
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
RDO OFFICE, FORT KOCHI, ERNAKULAM,, PIN - 682001
2 THE TAHSILDAR
ALUVA TALUK OFFICE, GROUND FLOOR, MINI CIVIL
STATION, FIRST FLOOR, MINI CIVIL STATION, CIVIL
STATION RD, PERIYAR NAGAR, ALUVA, KERALA, PIN -
683101
3 THE VILLAGE OFFICER
NEDUMBASSERY VILLAGE OFFICE, MEKKAD, NEDUMBASSERY,
ANGAMALY, KERALA, PIN - 683589
4 THE AGRICULTURAL OFFICER
1ST FLOOR, COCHIN COPORATION VYTTILA SHOPPING
COMPLEX, WEST SIDE OF VYTTILA JN, SA ROAD AND
MAHAKAVI VAILOPPILLY RD, KOCHI,, PIN - 682019
5 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, 1ST FLOOR, COCHIN COPORATION VYTTILA
SHOPPING COMPLEX, WEST SIDE OF VYTTILA JN, SA ROAD
AND MAHAKAVI VAILOPPILLY RD, KOCHI,, PIN - 682019
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:
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JUDGMENT
Dated this the 10th day of July, 2025
The petitioner is the owner in possession of 4 Ares
and 5 sqm of land, comprised in Survey No.108/10-2 in
Block No.9 in Nedumbassery Village, Aluva Taluk, covered
under Ext.P1 land tax receipt. The property is a converted
land. It is not suitable for paddy cultivation. However, the
respondents have erroneously classified the property as
'paddy land' and included the property in the data bank. To
exclude the property from the data bank, the petitioner has
submitted Ext.P2 application before the 1st respondent on
16.05.2025, in Form 5 under Rule 4(4d) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008
('Rules' in short). But, the same is not considered till date.
Hence, the writ petition.
2. Heard; the learned counsel for the
petitioner and the learned Senior Government Pleader.
3. On a consideration of the facts and the
materials on record, especially that Ext.P2 application is
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pending consideration before the 1st respondent since
16.05.2025, and the same being statutory in nature,
without expressing anything on the merits of the
application, I allow the writ petition by ordering as follows:
(i) The jurisdictional Agricultural Officer is
directed to submit his report as provided under
Rule 4(4e) 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 report, the 1st
respondent (authorized officer), after verifying
the contents in the data bank by conducting
inspection directly or with the help of satellite
pictures prepared by the Central/State Institute
of Science and Technology as envisaged under
Rule 4(4f), shall consider and dispose Ext.P2
application, in accordance with law and as
expeditiously as possible, at any rate, within
two months from the date of receipt of the
above report.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
NAB
2025:KER:52915
APPENDIX OF WP(C) 19141/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED
17.04.2025 ISSUED FROM THE NEDUMBASSERY
VILLAGE OFFICE
EXHIBIT P2 A TRUE COPY OF THE APPLICATION IN FORM
NO.5 DATED 16.05.2025 SUBMITTED BEFORE THE
RESPONDENT
