Kerala High Court
Jose John Thottungal vs The District Collector on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 3680 OF 2021
PETITIONER:
JOSE JOHN THOTTUNGAL
AGED 68 YEARS
S/O.LONAPPAN, APARTMENT NO.5A,ORCHIDCORT,PANCHAVADI
COLONY, AMBALIPADAM, VYTTILA, ERNAKULAM-682 019
BY ADVS.
M.PROMODH KUMAR
SMT.MAYA CHANDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR'S OFFICE, CIVIL
STATION, IYYANTHOL, THRISSUR-680 003
2 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, TRISSUR-680 003
3 THE TAHSILDAR,
TALUK OFFICE, THRISSUR TOWN, CHEMBUVAKUV-680 003
4 VILLAGE OFFICER,
KANIYOOR VILLAGE OFFICE, THRISSUR DISTRICT-680 014
BY GOVT.PLEADER:SRI.RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 3680 OF 2021
JUDGMENT
The petitioner confines his relief for an expeditious
consideration of Ext.P9 application filed by him in Form
No.9 of the Kerala Conservation of Paddy Land and Wetland
Rules, seeking change of nature of his property mentioned
therein. According to the petitioner, the property in
question had been lying as a 'garden land' much prior to
the coming into force of the Kerala Land Utilization Order.
He further asserts that the property is not included in the
Data Bank prepared under the Kerala Conservation of
Paddy Land and Wetland Act. The fair value of the property
has been fixed considering the nature of the property as
"residential and rocky area" contends the petitioner. It is
for the 2nd respondent before whom Ext.P9 application is
pending, to consider the factual aspects and pass
appropriate orders.
Without expressing anything on merits, the writ
petition is disposed of directing the 2 nd respondent to
consider and pass appropriate orders on Ext.P9 application
(Form No.9) on verifying the relevant records, including the
WP(C) NO. 3680 OF 2021
Data Bank, and after affording an opportunity to the
petitioner to place the relevant materials. Let orders be
passed within a period of four months from the date of
receipt of a copy of this judgment.
Sd/-
SATHISH NINAN
JUDGE
rsr
WP(C) NO. 3680 OF 2021
APPENDIX OF WP(C) 3680/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED NO.4490/1981
OF SRO OLLUKKARA, DATED 30.10.1981
EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER, DATED 07.07.2015
EXHIBIT P3 TRUE COPY OF THE REPLY GIVEN BY THE 4TH
RESPONDENT DATED 11.09.2015
EXHIBIT P4 TRUE COPY OF THE DRAFT DATA BANK OBTAINED
FROM THE 4TH RESPONDENT DATED NIL
EXHIBIT P5 TRUE COPY OF THE PRINTOUT OBTAINED FROM THE
FAIR VALUE REGISTER IN RESPECT OF THE
PETITIONER'S PROPERTY DATED NIL
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC 1643/2020
DATED 02.03.2020
EXHIBIT P7 THE JUDGMENT IN THE CONTEMPT CASE
NO.1876/2020 DATED 16.12.2020
EXHIBIT P8 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 16.12.2020
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED TO THE
2ND RESPONDENT DATED 01-07-2021
