George P.J vs The Revenue Divisional Officer, ...
2021 Latest Caselaw 15567 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                     WP(C) NO. 11482 OF 2021
PETITIONER:

            GEORGE P.J.,AGED 63 YEARS, S/O. P.L.JOSEPH @
            AUSEPH, PARAMMAL HOUSE, ST. BENEDICT ROAD,
            ERNAKULAM DISTRICT.
            BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER, FORT KOCHI
            FORT KOCHI P.O., ERNAKULAM DISTRICT, PIN-682001.
    2       THE TAHSILDAR, KANAYANNUR TALUK OFFICE,
            ERNAKULAM P.O., PIN-682018.
    3       THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE,
            ERNAKULAM P.O., PIN-682018.

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.07.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.11482/2021
                                   2

                      Sathish Ninan, J.
               ==============================
                  W.P.(C) No.11482 of 2021
                 ==========================
            Dated this the 23rd day of July, 2021

                               JUDGMENT

The petitioner confines his relief for an

expeditious consideration of Ext P7 application filed

by him in Form No.9 of the Kerala Conservation of

Paddyland and Wetland Rules, seeking change of

nature/user of the property mentioned therein.

According to the petitioner, the property in question

is and had been lying as a dry land for decades and

has been shown as a converted land in the data bank

maintained under the Kerala Conservation of Paddyland

and Wetland Rules. However, in the revenue records

the nature of the property is shown as 'paddy land'.

According to the petitioner, the same is erroneous

and needs to be corrected. The petitioner maintains

that the property had been lying as a dry land even

much prior to the coming into force of the Kerala

Land Utilization Order in 1967 and it is accordingly

the petitioner has filed the application in Form No.9

referred to supra. It is for the petitioner to W.P(C) No.11482/2021

establish the relevant facts before the 1 st respondent

while considering the application.

Without expressing anything on the merits, the

writ petition is disposed of directing the 1 st

respondent to consider and pass orders on Ext P7

application(Form No.9), after hearing the petitioner

and affording opportunity to produce relevant

documents, and on verifying the relevant records

including the data bank, as expeditiously as possible

and at any rate within a period of five months from

the date of receipt of a copy of this judgment.

Sd/-

Sathish Ninan, Judge vdv W.P(C) No.11482/2021

APPENDIX OF WP(C) 11482/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER BY THE 3RD RESPONDENT DATED 18.5.2019.

Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY KOCHI MUNICIPAL CORPORATION DATED 2.2.2021.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.1.2020. Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.3706/2020 OF THIS HON'BLE COURT DATED 11.2.2020.

Exhibit P5 THE TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 2.3.2020.

Exhibit P6 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DATED 15.6.2020.

Exhibit P7 THE TRUE COPY OF THE APPLICATION UNDER FROM 9 DATED 16.9.2020.

Exhibit P8 THE TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 17.9.2020. Exhibit P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31.3.2021.