Rosy, vs State of Kerala,

ROSY, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 25, 2025

~3 min read

https://sooperkanoon.com/case/1279659

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/1279659
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Mar 25, 2025
Case Number: WP(C)/12089/2025
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

ROSY,

Respondent

State of Kerala,

Excerpt

.....wrongfully included in the data bank as paddy land, 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 31.07.2024. 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, the learned government pleader, i am inclined to dispose of this writ petition. accordingly, it is ordered that, the 6th 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. sd/- ziyad rahman a.a. judge scs appendix of wp(c) 12089/2025 petitioner exhibits exhibit p1 the copy of the tax receipt dated 20.05.2024 issued by kadukutty village office exhibit p2 a copy of the relevant pages of data bank published in the gazette dated 27.02.2020 exhibit p3 a copy of the form.5 application dated 31.07.2024 submitted before the 2nd respondent for excluding petitioner’s property from data bank

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 PETITIONER: ROSY, AGED 69 YEARS W/O.RAJU, CHIRAMMEL HOUSE, MELOOR, THRISSUR, PIN - 680311 BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES SANJANA S ANAND RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, IRINJALAKUDA REVENUE DIVISIONAL OFFICE, IRINJALAKUDA.P.O., THRISSUR, PIN - 680125 3 TAHSILDAR, CHALAKUDY, CHALAKUDY TALUK OFFICE, MUNICIPAL TOWN HALL COMPLEX, CHALAKUDY, THRISSUR DISTRICT, PIN - 680307 4 VILLAGE OFFICER, KADUKUTTY, VILLAGE OFFICE, KADUKUTTY,KADUKUTTY.P.O., THRISSUR, 5 LOCAL LEVEL MONITORING COMMITTEE, (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER), KRISHI BHAVAN, KADUKUTTY, THRISSUR, 6 AGRICULTURAL OFFICER, KRISHI BHAVAN, KADUKUTTY,THRISSUR,
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER, 1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR, PIN - 695033 BY ADV SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the owner in possession of property having an extent of 13 Ares 36 Square Meters comprised in Survey Nos.1605/PT6 & 1606/2 of Block No.019 of Kadukutty Village in Thrissur District. The grievance of the petitioner is that, the property of the petitioner has been wrongfully included in the Data Bank as paddy land, 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 31.07.2024. 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, the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 6th 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. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF WP(C) 12089/2025 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE TAX RECEIPT DATED 20.05.2024 ISSUED BY KADUKUTTY VILLAGE OFFICE Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK PUBLISHED IN THE GAZETTE DATED 27.02.2020 Exhibit P3 A COPY OF THE FORM.5 APPLICATION DATED 31.07.2024 SUBMITTED BEFORE THE 2ND RESPONDENT FOR EXCLUDING PETITIONER’S PROPERTY FROM DATA BANK

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