Santhoshkumar B. Nair vs State Of Kerala
2021 Latest Caselaw 13904 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
    TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                     WP(C) NO. 13368 OF 2021
PETITIONER:

             SANTHOSHKUMAR B. NAIR,AGED 49 YEARS, S/O
             BALAKRISHNAN NAIR,
             RESIDING AT SOUPARNIKA HOUSE, ST.SEBASTIAN
             CHURCH ROAD,
             MANJUMMEL P.O, ELOOR, ERNAKULAM - 683501
             BY ADVS.
             THOMAS JOHN AMBOOKEN
             B.SAJEEV KUMAR
             BLOSSOM MATHEW

RESPONDENTS:

1        STATE OF KERALA REPRESENTED BY SECRETARY,
         DEPARTMENT OF
         REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM -
         695 001.
2        THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION,
         KAKKANAD, KOCHI - 682 030.
3        THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
         REVENUE DIVISION OFFICE, FORT KOCHI, KOCHI 682
         001.
4        THE TAHSILDAR(LR), KANAYANNUR TALUK, ERNAKULAM,
         KOCHI 682001
5        THE VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE,
         KAKKANAD,
         KOCHI 682 024.


         GP SRI. RAVI KRISHNAN
      THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON   06.07.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.13368 of 2021

                              -:    2    :-

                              JUDGMENT

Dated this the 06th day of July, 2021

Petitioner is the owner of an extent of 1.21 Ares

of property equivalent to 2.98 cents situated in Re

Sy. No.157/4-6-2-2 of Thrikkakara North Village. He

purchased the property as per Ext P1 sale deed of the

year 2019. According to the petitioner, the property

is not included in the Data Bank maintained under the

Kerala Conservation of Paddyland and Wetland Act. He

has constructed a residential building in the

property, for which Ext P3 Occupancy Certificate dated

21.12.2020 has been issued and tax assessed as per Ext

P4 dated 20.01.2021. However, the property has been

erroneously descried as 'Nilam' in the revenue

records. Under such circumstances the petitioner has

filed Ext P6 application in Form No.6 as prescribed W.P.(C)No.13368 of 2021

-: 3 :-

under the Kerala Conservation of Paddyland and Wetland

Rules, seeking change of nature of the un-notified

land. The application is dated 18.02.2021 and is

pending. The petitioner confines his relief for an

expeditious consideration of the said application.

Without expressing anything on merits, the writ

petition is disposed of directing the third respondent

to consider Ext P6 application, on obtaining and

verifying the relevant records, and pass appropriate

orders thereon. Orders shall be passed as aforesaid,

within a period of three months from the date of

receipt of a copy of this judgment.

Sd/- Sathish Ninan, Judge

vdv