IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12099 OF 2024 PETITIONERS:

1 MALAYALEE REALTORS INDIA PVT. LTD., AGED 62 YEARS SECOND FLOOR, MATHEW SONS SQUARE, EDAPPALLY, ERNAKULAM, REP. BY ITS MANAGING DIRECTOR, FRANCIS MUKKANNIKKAL, S/O JOSEPH, MUKKANNIKKAL HOUSE, NANTYATTUKUNNAM KARA, PARAVOOR VILLAGE, PARAVOOR TALUK EZHIKKARA PANCHAYAT HOUSE NO. 4/209, ERNAKULAM, PIN - 683513

2 NEERO TOWERS, AGED 62 YEARS KUTTAPPAI ROAD, KANAYANNUR TALUK, REP. BY ITS DIRECTOR FRANCIS, S/O JOSEPH, MUKKANNIKKAL HOUSE, NANTYATTUKUNNAM KARA, PARAVOOR VILLAGE, PARAVOOR TALUK, EZHIKKARA PANCHAYAT HOUSE NO. 4/209, ERNAKULAM, PIN - 683513

3 LAKERA PROPERTIES & DEVOLOPERS PVT LTD, AGED 62 YEARS KUTTAPPAI ROAD, KANAYANNUR TALUK, REP. BY ITS MANAGING DIRECTOR, FRANCIS MUKKANNIKKAL, S/O JOSEPH, MUKKANNIKKAL HOUSE, NANTYATTUKUNNAM KARA, PARAVOOR VILLAGE, PARAVOOR TALUK EZHIKKARA PANCHAYAT HOUSE NO. 4/209, ERNAKULAM, PIN - 683513

4 NEDUMBASSERY REALTORS PVT LTD, AGED 62 YEARS NEERO TOWERS, KUTTAPPAI ROAD, KANAYANNUR TALUK,REP.

BY ITS DIRECTOR,FRANCIS MUKKANNIKKAL, S/O JOSEPH, MUKKANNIKKAL HOUSE, NANTYATTUKUNNAM KARA, PARAVOOR VILLAGE, PARAVOOR TALUK EZHIKKARA PANCHAYAT HOUSE NO. 4/209,ERNAKULAM, PIN - 683513

5 FRANCIS MUKKANNIKKAL, AGED 62 YEARS S/O JOSEPH, MUKKANNIKKAL HOUSE, NANTYATTUKUNNAM KARA, PARAVOOR VILLAGE, PARAVOOR TALUKEZHIKKARA PANCHAYAT,HOUSE NO. 4/209, ERNAKULAM, PIN - 683513 BY ADVS.

M.NARENDRA KUMAR JOY KURIAKOSE K.

BERTRAND BASIL HARSHADEV M. RESPONDENTS:

1 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT KOCHI, ERNAKULAM, PIN - 682001

2 THE AGRICULTURAL OFFICER, KRISHI BHAWAN, AYYAMPUZHA PANCHAYAT, ALUVA TALUK, ERNAKULAM DISTRICT, CONVENER, LOCAL LEVEL MONITORING COMMITTEE, AYYAMPUZHA PANCHAYAT, ALUVA TALUK, ERNAKULAM DISTRICT,, PIN - 683101

3 THE AGRICULTURAL OFFICER, KRISHI BHAWAN, MANJAPRA PANCHAYAT, ALUVA TALUK, ERNAKULAM DISTRICT, CONVENER, LOCAL LEVEL MONITORING COMMITTEE, MANJAPRA PANHCAYAT, ALUVA TALUK, ERNAKULAM DISTRICT,, PIN - 683101

4 THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, (KSREC) VIKAS BHAWAN, TRIVANDRUM, PIN - 695033 SMT.SHEEBA.G, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J.

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WP(C)No.12099 of 2024 - - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 9^th day of April, 2024

JUDGMENT

The petitioners are stated to be the absolute owners in exclusive possession and enjoyment of properties measuring around 17 Hectares (around 42 Acres) of land situated in Aluva Taluk in Ernakulam District, situated in Ayyampuzha and Manjapra Panchayaths. Around 13.14 Hectares (32.47 Acres) of land in Ayyampuzha and Manjapra Panchayats are stated to be lying contiguous. They have preferred Ext.P2 series applications seeking deletion of the property from the data bank under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, ‘the Act’).

The learned counsel for the petitioner submits that no orders have been passed on the statutory applications so far.

Under such circumstances, there will be a direction to the third respondent -

Agricultural officer to file a report to the first respondent - the Revenue Divisional Officer within two months from today. On receipt of the same, the RDO will consider Ext.P2 series applications within five months from the date of receipt of the report from the third Agricultural Officer, and pass orders strictly in terms of the Act and Rules. Given the extent involved, it will open to the third respondent to require a report from the Kerala State Remote Sensing and Environment Centre (KSREC)

before forwarding the same to the RDO. The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE dlk/09.4.2024 APPENDIX OF WP(C) 12099/2024 PETITIONERS EXHIBITS EXHIBIT -P1 TRUE PHOTOCOPY