Anil Prabha P.G vs State Of Kerala
2021 Latest Caselaw 20532 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 14245 OF 2021
PETITIONER:

            ANIL PRABHA P.G.,
            AGED 50 YEARS,
            S/O.SANTHAMMA, AMRUTHA BHAVAN,
            VYTTILA P.O., KOCHI,
            ERNAKULAM DISTRICT - 682019.

            BY ADVS.
            K.S.ARUN KUMAR
            JUSTINE JACOB
            AMRUTHA P S
            AMRUTHA K P
            VIJAY SANKAR V.H.


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE PRINCIPAL SECRETARY,
            REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
    2       DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION,
            ERNAKULAM DISTRICT - 682 030.
    3       TAHSILDAR,
            KANAYANNUR TALUK,
            ERNAKULAM DISTRICT - 682 011.
    4       VILLAGE OFFICER,
            POONITHURA VILLAGE OFFICE,
            VYTTILA, ERNAKULAM - 682 019.
  ADDL.5    REVENUE DIVISIONAL OFFICER,
            FORT KOCHI, REVENUE DIVISIONAL OFFICE,
            FIRST FLOOR, KB JACOB ROAD,
            FORT KOCHI, ERNAKULAM-682001

            (ADDITIONAL R5 IS SUO MOTU IMPLEADED AS PER JUDGMENT
            DATED 01/10/2021 IN W.P.(C)No.14245/2021)

            SRI.SYAMANTHAK B.S, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14245/2021

                                    2




                            JUDGMENT

Dated this the 1st day of October, 2021

The petitioner, who is absolute owner of 3.49 Ares

of land in Survey No.364/2 of Poonithura Village of

Kanayannur Taluk in Ernakulam District has filed this writ

petition seeking to direct the 2 nd respondent to disposed of

Ext.P7 within a time limit fixed by this Court and to declare that

the petitioner's property will not fall under the classification of

'Nilam'.

2. The petitioner submits that he has submitted Ext.P7

representation before the 2nd respondent seeking to change

the nature of the land as contained in the Revenue Records.

According to the petitioner, the land in fact is 'Purayidam', but it

is recorded as 'Nilam' in BTR. The Settlement Register would

show that the land is garden land (paramba). In such WP(C).No.14245/2021

circumstances, the petitioner is entitled to get the nature of the

land changed in the Revenue Records. It is in such

circumstances, Ext.P7 representation was filed by the

petitioner.

3. When this writ petition came up for hearing today,

the learned counsel for the petitioner submitted that the

petitioner has submitted an application in Form 5 as evidenced

by Ext.P10 receipt, in order to remove the land from Data

Bank. Similarly, an application in Form 6 has been submitted

before the Revenue Divisional Officer as evidenced by

Ext.P11.

4. The learned counsel for the petitioner would

submits that in the tax receipts issued in respect of the land till

the year 2019-20, the land was recorded as 'Purayidam' and

from the subsequent years the tax receipts were issued

describing the land as 'Nilam'. The learned counsel for the

petitioner further submitted that unauthorised corrections have

been made in the Thandapper Account, wherein the WP(C).No.14245/2021

description of the land as 'Purayidam' stands struck off and an

endorsement is made to the effect that the land is 'Nilam'.

5. The learned counsel for the petitioner submits that

the petitioner has filed Ext.P11 application in Form 6 of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008,

seeking to change the nature of the land in the Revenue

Records.

6. In such circumstances, since statutory applications

have been preferred by the petitioner for redressal of

grievance, no adjudication is necessary in this writ petition at

this point of time. The Revenue Divisional Officer, Fort Kochi,

Revenue Divisional Office, First Floor, KB Jacob Road, Fort

Kochi, Ernakulam-682001 is suo motu impleaded as additional

5th respondent in the writ petition.

The writ petition is disposed of directing the

additional 5th respondent-Revenue Divisional Officer to

consider Ext.P10 Form 5 application and Ext.P11 Form 6

application in accordance with law, if the applications are WP(C).No.14245/2021

received by the additional 5th respondent and it is supported by

all requisite documents. If the application is complete and

supported by all supportive documents, a decision in this

regard shall be taken within a period of four months.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.14245/2021

APPENDIX OF WP(C) 14245/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SALE DEED NO.962/2009 OF MARADU SRO.

Exhibit P1A A TRUE COPY OF THE SALE DEED NO.964/2009 OF MARADU SRO.

Exhibit P2 A TRUE COPY OF THE SETTLEMENT DEED NO.1120/1995 OF MARADU SRO.

Exhibit P3 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 25/05/2009.

Exhibit P4 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 22/01/2020.

Exhibit P5 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 05/06/2020.

Exhibit P6 A TRUE COPY OF THE THANDAPER REGISTER DATED 26/06/2020 OBTAINED UNDER RTI ACT.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 08/02/2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P8 A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 14/03/2021.

Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 16/04/2021.

Exhibit P10 A TRUE COPY OF THE RECEIPT OF THE APPLICATION SUBMITTED BEFORE THE RDO FORT KOCHI, DATED 10/9/2021 Exhibit P11 A TRUE COPY OF THE RECEIPT OF THE APPLICATION SUBMITTED BEFORE THE RDO FORT KOCHI, DATED 13/9/2021