Sajeed C.I vs State Of Kerala
2025 Latest Caselaw 208 Ker

Kerala High Court

Sajeed C.I vs State Of Kerala on 13 May, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:33765




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947

                WP(C) NO. 17997 OF 2025

PETITIONER:

         SAJEED C.I
         AGED 47 YEARS, S/O. ISMAIL C.M,
         RESIDING AT 'SAJI MANSION', M.H.S ROAD,
         PUDUNAGARAM P.O, PALAKKAD DISTRICT,
         PIN - 678503

         BY ADVS.
         JACOB SEBASTIAN
         WINSTON K.V
         ANU JACOB
         ANJANA KRISHNAN
         BHARATH KRISHNAN G.
         ANJANA A.S.



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         DEPARTMENT OF LAND REVENUE,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DISTRICT COLLECTOR
         PALAKKAD, COLLECTORATE, CIVIL STATION P.O,
         PALAKKAD DISTRICT, PIN - 678001

    3    THE REVENUE DIVISIONAL OFFICER PALAKKAD
         REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
         PARAKKUNAM P.O, PALAKKAD DISTRICT, PIN - 678001
                                            2025:KER:33765
WP(C) No.17997 of 2025
                          2

    4    THE VILLAGE OFFICER
         KANNADI-I VILLAGE OFFICE, KANNADI P.O,
         PALAKKAD DISTRICT, PIN - 678701

    5    THE AGRICULTURAL OFFICER FOR THE KANNADI GRAMA
         PANCHAYAT, KRISHI BHAVAN, KANNADI P.O,
         PALAKKAD DISTRICT, PIN - 678701

         BY ADV.
         SRI. RIYAL DEVASSY, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 13.05.2025, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                 2025:KER:33765
WP(C) No.17997 of 2025
                             3


                         JUDGMENT

Dated this the 13th day of May, 2025

The petitioner states that he along with his wife is the

absolute owner in possession of 0.0427 Hectares of land

comprised in Re-survey No.558/17 in Re-survey Block No.51

of Kannadi-I Village of Palakkad Taluk in Palakkad District.

The land was never used for paddy cultivation and was never

included in the draft or notified land Data Bank prepared

under Section 5(4)(i) of the Kerala Conservation of Paddy

Land and Wetland Act, 2008, but continues to be erroneously

described as 'Nilam' in Revenue records.

2. The petitioner filed application in Form-6

under Section 27A of the Kerala Conservation of Paddy Land

and Wetland Act, 2008 before the 3 rd respondent. While

rejecting the application, the 3rd respondent ordered that the

plot has to be included in the Data Bank. Challenging Ext.P2

order, the petitioner filed Ext.P3 appeal under Section 27B of 2025:KER:33765

the Kerala Conservation of Paddy Land and Wetland Act,

2008 before the 2nd respondent since no interim relief has

been granted. The petitioner is constrained to invoke the writ

jurisdiction of this Court. Ext.P2 order violates the statutory

provisions and principles of natural justice, contends the

petitioner.

3. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing

the respondents.

4. Challenging Ext.P2 order passed under

Section 27A of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, the petitioner has filed Ext.P3 appeal

before the 2nd respondent invoking Section 27B. Ext.P3 being

a statutory appeal, the 2nd respondent is duty bound to

consider the same and pass orders thereon in accordance

with law.

The writ petition is accordingly disposed of directing

the 2nd respondent to consider Ext.P3 appeal filed by the 2025:KER:33765

petitioner, within a period of three months and pass orders

thereon, after giving opportunity of hearing to the petitioner.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:33765

APPENDIX OF WP(C) 17997/2025

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.10.2022 ISSUED BY THE FOURTH RESPONDENT.

Exhibit-P2 A TRUE COPY OF THE ORDER NO. 5698/2024 DATED 09.10.2024 ISSUED BY THE THIRD RESPONDENT.

Exhibit-P3 A TRUE COPY OF THE APPEAL DATED 11.04.2025 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH RECEIPT ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.