IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17604 OF 2022
PETITIONER:
MEENA JOHN
AGED 68 YEARS
W/O. M.V. JOHN, MUTHIRAKALAYIL HOUSE,
VENGOLA PO, ERNAKULAM DISTRICT - 683556.
BY ADV JOSEPH M.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001.
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM
DISTRICT - 686673.
3 THE TAHSILDAR,
TALUK OFFICE, KUNNATHUNAD TALUK,
PERUMBAVOOR, ERNAKULAM DISTRICT - 683542.
4 THE VILLAGE OFFICER,
VENGOAL VILLAGE, KUNNATHUNAD TALUK,
PERUMBAVOOR, ERNAKULAM DISTRICT - 683556.
5 THE CONVENER,
LOCAL LEVEL MONITORING COMMITTEE & AGRICULTURAL
OFFICER, VENGOLA, ERNAKULAM DISTRICT - 683556.
6 VENGOLA GRAMA PANCHAYAT,
PERUMBAVOOR - PUTHENKURISH ROAD, VENGOLA,
ERNAKULAM DISTRICT - 683554
REPRESENTED BY ITS SECRETARY.
W.P.(C) No.17604/2022
:2:
7 THE PRESIDENT,
VENGOLA GRAMA PANCHAYAT, PERUMBAVOOR
PUTHENKURISH ROAD, VENGOLA,
ERNAKULAM DISTRICT-683 556.
BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17604/2022
:3:
N. NAGARESH, J.
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W.P.(C) No.17604 of 2022
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Dated this the 31st day of May, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who is the owner of a property in Vengola Village, is before this Court seeking to direct the 2 nd respondent to change the nature of the land in the Village records as garden land instead of 'Nilam'.
2. The petitioner states that he is the owner in possession of 4 Ares and 86 square metres of land in Survey No.222/12 in Block No.20 of Vengola Village. The said property is mutated in the name of the petitioner and the petitioner has been assigned Thandaper No.13890. The petitioner is also paying tax for the same.
3. According to the petitioner, the said property is recorded as 'Nilam' in Revenue records. No paddy W.P.(C) No.17604/2022 :4: cultivation is conducted in the property for the last more than 80 years. The petitioner is unable to utilise the said property for non-agricultural purpose. The petitioner therefore submitted Ext.P3 Form 5 application to remove the land from the Data Bank, invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Act and the Rules made thereunder. No action has been taken by the respondents on Ext.P3 application submitted by the petitioner. Hence, the petitioner is before this Court.
4. Heard the learned counsel for the petitioner and the learned Government Pleader.
5. The petitioner states that he is holding 4 Ares 86 square metres of land in Vengola Village which, according to the petitioner, is garden land. Particulars of the land have been included in Land Data Bank. The petitioner therefore submitted Ext.P3 application for removal of the said land from the Data Bank invoking the provisions under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P3 is a statutory application. Therefore, W.P.(C) No.17604/2022 :5: the competent authority is bound to consider the same and pass appropriate orders thereon in accordance with law.
In such circumstances, the writ petition is disposed of directing the 2 nd respondent to consider Ext.P3 Form 5 application submitted by the petitioner, if the same is received accompanied by all supporting documents and paying the prescribed fee, if any. Orders in this regard shall be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/01.06.2022 W.P.(C) No.17604/2022 :6: APPENDIX OF WP(C) 17604/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.
606/19 DATED 16/2/2019 Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 19/4/2022 FOR THE YEAR 2022-23 WITH REGARD TO EXT. P1 PROPERTY Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20/4/2022 SUBMITTED BY THE PETITIONER IN THE PRESCRIBED PERFORMA BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE PROCEEDINGS BEARING NO. C5/4564/20 DATED NIL THUS PASSED BY THE 3RD RESPONDENT ALONG WITH TYPE WRITTEN COPY OF THE SAME