Devaprasad vs The State Of Kerala
2021 Latest Caselaw 14982 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                           WP(C) NO. 10787 OF 2021
PETITIONERS:

     1      DEVAPRASAD
            AGED 64 YEARS
            S/O. VASAVAN, THARAYIL HOUSE, VYTTILA P.O, POONITHURA
            VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

     2      SREEJITH PRASAD,
            AGED 30 YEARS
            S/O. DEVAPRASAD, THARAYIL HOUSE, VYTTILA P.O, POONITHURA
            VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

            BY ADVS.
            S.SHANAVAS KHAN
            SMT.S.INDU


RESPONDENTS:

     1      THE STATE OF KERALA
            REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE
            DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
            001

     2      THE DISTRICT COLLECTOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM-682 030

     3      THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM-682 001

     4      THE TAHSILDAR,
            KANAYANNUR TALUK OFFICE, ERNAKULAM-682 308.

     5      THE VILLAGE OFFICER,
            POONITHURA VILLAGE, ERNAKULAM-682 301

     6      THE AGRICULTURAL OFFICER,
            AGRICULTURE OFFICE, VYTTILA, KOCHI-682 019

     7      THE LOCAL LEVEL MONITORING COMMITTEE,
            VYTTILA, ERNAKULAM-680 586, REPRESENTED BY ITS CONVENOR.

            BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                W. P. (C) No.10787 of 2021
            ==================
            Dated this the 16th day of July, 2021

                           JUDGMENT

The petitioners confine their relief in the

writ petition in so far as it relates to the right of the first petitioner, and seek for permission to

reserve the rights of the second petitioner to

initiate fresh proceedings. Permission is granted.

2. As of now, all that the first petitioner seeks

for is, an expeditious consideration of Ext.P12

application filed by him in form No.9 of the Kerala

Conservation of Paddy land and Wetland Rules,

seeking change of nature of the land referred to

therein. It is his contention that the property in

question had been lying as a dry land even much

prior to the coming into force of the Kerala Land

Utilization Order and that there are old buildings

aged more than 75 years situated in the property.

Even in the data bank, the classification of the

property is "converted land", submits the

petitioner.

W. P. (C) No.10787 of 2021

Without expressing anything on merits, the writ

petition is disposed of directing the third

respondent to consider Ext.P12 application (Form

No.9) and pass appropriate orders thereon, on

verifying the relevant records including the data

bank, as expeditiously as possible and at any rate

within a period of four months from the date of

receipt of a copy of this judgment. The 1st

petitioner shall be afforded opportunity of hearing

and to place materials in support of his claim.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 10787/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPIES OF THE LAND TAX RECEIPTS DATED 16.09.2020 ISSUED BY 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 25.08.1998 ISSUED IN THE NAME OF FIRST PETITIONER'S FATHER BY THE SECRETARY, CORPORATION OF COCHIN.

EXHIBIT P3 TRUE COPY OF THE MEMO DATED 01.12.1998 ISSUED BY THE REVENUE OFFICER, CORPORATION OF COCHIN.

EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPTS DATED 16.09.2020 ISSUED BY THE 5TH RSEPONDENT.

EXHIBIT P4(A) TRUE COPIES OF THE LAND TAX RECEIPTS DATED 16.09.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF APPLICATION DATED 09.04.2018 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 12.04.2018 IN W.P.C NO. 13086/2018 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING DATED 06.09.2019 OF THE 7TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 16.12.2019 OF THE 7TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO. KR 2134/18 DATED 20.03.2021 OF THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE FORM 9 APPLICATION DATED 24.09.2020 SUBMITTED BY PETITIONERS BEFORE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE NOTICES DATED 24.03.1969 IN RESPECT OF BUILDING NOS. 1969 TO 1974 IN WARD NO. 25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

APPENDIX/WP(C) NO. 10787 OF 2021

EXHIBIT P11(A) TRUE COPY OF THE NOTICES DATED 24.03.1969 IN RESPECT OF BUILDING NOS. 1969 TO 1974 IN WARD NO. 25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

EXHIBIT P11(B) TRUE COPY OF THE NOTICES DATED 24.03.1969 IN RESPECT OF BUILDING NOS. 1969 TO 1974 IN WARD NO. 25 OF COCHIN CORPORATION ISSUED BY THE COMMSSIONER.

EXHIBIT P11(C) TRUE COPY OF THE NOTICES DATED 24.03.1969 IN RESPECT OF BUILDING NOS. 1969 TO 1974 IN WARD NO. 25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

EXHIBIT P11(D) TRUE COPY OF THE NOTICES DATED 24.03.1969 IN RESPECT OF BUILDING NOS. 1969 TO 1974 IN WARD NO. 25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

EXHIBIT P11(E) TRUE COPY OF THE NOTICES DATED 24.03.1969 IN RESPECT OF BUILDING NOS. 1969 TO 1974 IN WARD NO. 25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

EXT.P12 TRUE COPY OF THE FORM 9 APPLICATION DATED 07.07.21 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 3RD RESPONDENT.

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