Sandeep E., vs State of Kerala.

Type Court Judgment Court Kerala Decided Feb 21, 2025

~3 min read

https://sooperkanoon.com/case/1277844

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1277844
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Feb 21, 2025
Case Number: WP(C)/6870/2025
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sandeep E.,

Respondent

State of Kerala.

Excerpt

.....said land stood reclaimed even prior to the implementation of the kerala conservation of paddy land and wetland act, 2008. therefore, the petitioner submitted ext.p3 application in form 5 on 15.07.2024. the limited prayer sought by the petitioner is to direct the 2nd respondent to pass orders thereon within a time frame. after hearing the learned counsel for the petitioner and the learned government pleader, i am inclined to dispose of this writ petition. accordingly, it is ordered that,the 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or the authorized officer under section 2(xva) of the kerala conservation of paddy land and wetland act, 2008 within a period of one month from the date of receipt of a copy of this judgment. thereupon, the 2nd 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 three months from the date of receipt of such report. the writ petition is disposed of.sd/- ziyad rahman a.a. judge sjb/21.02.2025 appendix of wp(c) 6870/2025 petitioner exhibitsexhibit p-1 a true copy of the deed no. 540/2024 of sub registrar office, chalappuram, dated exhibit p-2 a true copy of basic tax receipt no.kl11013706431/2024 dated 20/05/2024 issued from olavanna village office, kozhikode exhibit p-3 a true copy of the application in form 5- application along with the receipt issued by the 2nd respondent, dated 15/07/2024

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946 WP(C) NO. 6870 OF 2025 PETITIONERS: SANDEEP E., AGED 44 YEARS S/O.UMAPATHY E, ELAMBASSERY HOUSE, KANNANCHERY, KALLAI P.O, KOZHIKODE, PIN - 673003 BY ADVS. T.D.SUSMITH KUMAR C.SIVADAS JAYKAR.K.S. JINEESH LAL M. VANDANA A. ANJALI R. MENON ALMY ANIL RESPONDENTS: 1 STATE OF KERALA. REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER, KOZHIKODE COLLECTORATE, CIVIL STATION, KOZHIKODE, PIN - 3 VILLAGE OFFICER, OLAVANNA VILLAGE, OLAVANNA P.O, KOZHIKODE, PIN - 673019 SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ZIYAD RAHMAN A.A., J.
--------------------------------- ------------------------------------- Dated this the 21st day of February, 2025

JUDGMENT

The petitioner is the owner in possession of property having an extent of 4 Ares 42.5 Sq.m. of land comprised in Survey No. 153/47 in Block No.02 of Olavanna Village, Kozhikode Taluk of Kozhikode District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as “Nanja”, even though the said land stood reclaimed even prior to the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Therefore, the petitioner submitted Ext.P3 application in Form 5 on 15.07.2024. The limited prayer sought by the petitioner is to direct the 2nd respondent to pass orders thereon within a time frame. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that,

the 3rd respondent shall forward a report regarding the nature of the property of the petitioner, to the 2nd respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 within a period of one month from the date of receipt of a copy of this judgment. Thereupon, the 2nd 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 three months from the date of receipt of such report. The writ petition is disposed of.

Sd/- ZIYAD RAHMAN A.A. JUDGE sjb/21.02.2025 APPENDIX OF WP(C) 6870/2025 PETITIONER EXHIBITS

Exhibit P-1                  A TRUE COPY OF THE DEED NO. 540/2024 OF SUB
                             REGISTRAR   OFFICE,    CHALAPPURAM,   DATED
Exhibit P-2                  A TRUE COPY OF BASIC TAX RECEIPT NO.

KL11013706431/2024 DATED 20/05/2024 ISSUED FROM OLAVANNA VILLAGE OFFICE, KOZHIKODE Exhibit P-3 A TRUE COPY OF THE APPLICATION IN FORM 5- APPLICATION ALONG WITH THE RECEIPT ISSUED BY THE 2ND RESPONDENT, DATED 15/07/2024

Same Court & Year Kerala · 2025 Same Parties Sandeep E., vs State of Kerala. Same Subject Land Acquisition Same Judge Honourable Mr.Justice Ziyad Rahman a.a.