IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ SATURDAY, THE 2^ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946 WP(C) NO. 38460 OF 2024 PETITIONER:

IBRAHIM AGED 60 YEARS S/O ABOOBAKKAR , IDATHOTTIPARAMBIL HOUSE,NOCHIMANAD P.O, ALUVA, ERNAKULAM., PIN - 683101 BY ADVS.

NAZRIYA NOUSHAD VISHAL L.

RESPONDENTS:

1 REVENUE DIVISIONAL OFFICER,FORTKOCHI,ERNAKULAM OFFICE OF THE REVENUE DIVISIONAL OFFICER,X69V+2HV,FIRST FLOOR,KB JACOB ROAD,FORTKOCHI,ERNAKULAM,KERALA, PIN - 682001

2 EDATHALA GRAMA PANJAYATH REPRESENTED BY ITS SECRETARY,EDATHALA GRAMA PANJAYATH OFFICE,EDATHALA,ALUVA,KERALA., PIN -

683563

3 VILLEGE OFFICER ALUVA EAST VILLAGE OFFICE,ALUVA,ERNAKULAM,KERALA., PIN – 683563

4 LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY AGRICULTRAL OFFICER,AGRICULTURAL OFFICE,ALUVA,ERNAKULAM,KERALA., PIN - 683101 BY ADV SANTHOSH KUMAR G OTHER PRESENT:

SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 2 n d day of November, 2024 This writ petition is filed being aggrieved by the non consideration of Ext.P4, Form-5 application, preferred by the petitioner before the 1^st respondent.

2. It is stated that the petitioner is the absolute owner in possession of an extent of 2.37 Ares of land comprised in Survey No.49/1-6 of Aluva East Village, Aluva Taluk, Ernakulam District. It is further stated that the property was converted before the commencement of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (2008 Act). The petitioner’s property is described as ‘Nilam’ in revenue records. Under such circumstances, the petitioner preferred Ext.P4 application in Form No.5 under Rule 4(D) of the Rules. However, that application was not considered by the 1^st respondent till date. The application was submitted on

03.06.2024.

3. I have heard the learned counsel appearing for the petitioner as well as the Government Pleader.

4. The learned Government Pleader, on instructions, submitted that Ext.P4 application is received and pending consideration before the 1^st respondent.

5. Accordingly, on considering the special circumstances raised in the 2^nd prayer, there will be a direction to the 3^rd respondent to give sufficient inputs required under the Act and the Rules to the authorised Officer under Section 2(XVA) of the Act, within two months from the date of receipt of a certified copy of this judgment. On receipt of the same, the the authorised officer shall consider Ext.P4 application within four months thereafter and pass orders strictly in terms of the Act and the Rules.

The writ petition is disposed of as above.

Sd/-

P.M.MANOJ JUDGE sss APPENDIX OF WP(C) 38460/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF DOCUMENT NO: 1265/2017 DATED 22.05.2017 OF THE SUB REGISTRY, ALUVA, IS PRODUCED.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.05.2024 IS PRODUCED .

Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT WITH THE THANDAPPER NO: 21612 MARKING PETITIONER’S LAND AS ‘NILAM’

DATED 18.05.2024 IS PRODUCED .

Exhibit P4 A TRUE COPY OF THE APPLICATION WITH RECEIPT PREFERRED IN FORM 5 AS ENVISAGED KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 DATED

03.06.2024 IS PRODUCED .

Exhibit P5 A TRUE PHOTO OF THE PETITION SCHEDULED PROPERTY IS PRODUCED.