Citation : 2021 Latest Caselaw 11362 Ker
Judgement Date : 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9177 OF 2021(V)
PETITIONERS:
1 GEOGY GEORGE
AGED 56 YEARS
S/O K.J GEORGE, KOTTUKAPPILLY HOUSE, KUNNUMPURAM,
KALPATHY PO., PIN CODE 678003, PALAKKAD DIST.
2 MINI GEOGY,
AGED 53 YEARS
W/O GEOGY GEORGE, KOTTUKAPPILLY HOUSE, KUNNUMPURAM,
KALPATHY PO., PIN CODE 678003, PALAKKAD DIST.
BY ADVS.
SRI.JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
PALAKKAD MUNICIPALITY CONSTITUTED UNDER THE
CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008,
REP. BY ITS CONVENER, THE AGRICULTURAL OFFICER,
PALAKKAD MUNICIPALITY, PALAKKAD HEAD POST OFFICE,
PALAKKAD DIST. PIN - 678001.
2 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE
REVENUE DIVISIONAL OFFICER, PALAKKAD HEAD POST
OFFICE, PALAKKAD DISTRICT, PIN 678 001.
3 THE ADDL. TAHSILDAR, TALUK OFFICE, CIVIL STATION,
PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT - 678 001.
4 THE VILLAGE OFFICER, PALAKKAD-3 VILLAGE, PALAKKAD-3
VILLAGE OFFICE, PUTHUR ROAD, KOPPAM, PALAKKAD HEAD
POST OFFICE, PALAKKAD DIST.- 678001.
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.9177 of 2021
==================
Dated this the 8th day of April, 2021
JUDGMENT
On the strength of an order passed for
conversion of property under Clause-6(2) of the Kerala Land Utilization Order, the petitioner has
filed an application as Ext.P5 before the third
respondent in Form-A seeking re-assessment of tax
and for making necessary entries in the revenue
records. The property in question is not included
in the data bank published under the Kerala
Conservation of Paddy land and Wetland Act 2008,
contends the petitioner.
2. The writ petition is disposed of directing
the third respondent to consider Ext.P5 application
on verification of the relevant records including
the order under Kerala Land Utilization Order and
the data bank, ascertain regarding the identity of
the property, and pass appropriate orders thereon
as expeditiously as possible and at any rate within
a period of four months from the date of receipt of W. P. (C) No.9177 of 2021
a copy of this judgment.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy// P.S. to Judge WP(C).No.9177 OF 2021(W)
APPENDIX PETITIONERS' EXTS:-
EXT.P1 A TRUE COPY OF THE POSSESSION CERTIFICATE RELATING TO THE PLOT DATED 10TH MARCH 2021 ISSUED BY THE FOURTH RESPONDENT.
EXT.P2 A TRUE COPY OF REGISTERED SALE DEED NUMBER 5939/2015 OF THE SRO, PALAKKAD.
EXT.P3 A TRUE COPY OF THE KLU ORDER DATED NOVEMBER 6, 2006 ISSUED BY THE SECOND RESPONDENT IN THE NAME OF P. UNNIKRISHNA MENON AND SUDHA MENON (PREDECESSORS IN INTEREST OF THE PETITIONERS)
EXT.P4 A TRUE COPY OF THE RELEVANT PAGES OF THE LAND DATA BANK CONCERNING THE PLOT PUBLISHED IN THE GAZETTE DATED AUGUST 31, 2019.
EXT.P5 A TRUE COPY OF THE APPLICATION DATED MARCH 20, 2021 SUBMITTED BY THE PETITIONERS BEFORE THE THIRD RESPONDENT.
EXT.P6 A TRUE COPY OF THE RECEIPT DATED MARCH 20, 2021 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT ACKNOWLEDGING RECEIPT OF EXHIBIT-P5.
EXT.P7 A TRUE COPY OF THE JUDGMENT DATED JUNE 25, 2018 IN WPC 16536/2018 OF THIS HONOURABLE COURT.
EXT.P8 A TRUE COPY OF THE JUDGMENT DATED DECEMBER 16, 2020 IN WPC 26007/2020 OF THIS HONOURABLE COURT.
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