Vamadevan Bhanu vs The Tahasildar (Land Records)
2021 Latest Caselaw 11019 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.5404 OF 2021(A)


PETITIONER:

               VAMADEVAN BHANU,S/O. LATE K.BHANU, PALESSERIL HOUSE
               (VAMA BHAVAN), GOVINDAMUTTOM,KAYAMKULAM NORTH P.O.,
               KARTHIKAPPALLY TALUK-690 527

               BY ADVS.
               SRI.RINNY STEPHEN CHAMAPARAMPIL
               SMT.ASHA ELIZABETH MATHEW

RESPONDENTS:

      1        THE TAHASILDAR (LAND RECORDS), TALUK OFFICE,
               KARTHIKAPALLY TALUK, HARIPAD P.O.,-690 514

      2        THE VILLAGE OFFICER, VILLAGE OFFICE, KAYAMKULAM,
               KAYAMKULAM (PO) -690 502

               BY GP SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5404 OF 2021(A)

                                    2



                          Sathish Ninan, J.
                  ==============================
                      W.P.(C) No.5404 of 2021
                    ==========================
               Dated this the 7th day of April, 2021

                                JUDGMENT

The application of the petitioner under Section

27A of the Kerala Conservation of Paddyland and

Wetland Act (in short, 'the Act'), seeking change of

nature of land was granted as per Ext P2 order.

However, it is ordered that the property be

reclassified as 'വ ത യ ന വര തയ പ രയ ട '. In

terms of Rule 13(3) of the Kerala Conservation of

Paddyland and Wetland Rules, on grant of the

application for change of nature, the property should

be classified as "purayidom", and not in the manner as

is now ordered. Directions in the said regard has

already been issued by this Court in Contempt Case

No.1793/2020 in WPC No.13946/2020. No doubt, Rule

13(5) provides for maintaining register in Form No.10

regarding the details of the properties in respect of

which change of nature has been permitted in terms of WP(C).No.5404 OF 2021(A)

Section 27A of the Act. However, in the supplementary

Basic Tax Register, the nature of the property, on

change of nature being granted, shall be entered as

'purayidom'.

In the light of the above, Ext P2 order is

quashed. The 1st respondent shall pass fresh orders in

the light of Rule 13 of the Conservation of Paddy land

and Wet land Rules.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.5404 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF ORDER NO.5641/2018 DATED 06.03.2020 ISSUED BY THE RDO, CHENGANNUR

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 07.8.2020 ISSUED BY THE 1ST RESPONDENT