Mr. E.M. Binu vs State Of Kerala
2021 Latest Caselaw 20674 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 5TH DAY OF OCTOBER 2021/13TH ASWINA, 1943
                      WP(C) NO. 699 OF 2021


PETITIONERS:

    1    E.M. BINU, AGED 46 YEARS,
         S/O MOHANAN, RESIDING AT
         ILLIKKAT HOUSE, EDAPALLY P.O.,
         KANAYANNOOR TALUK,
         THRIKKARA NORTH VILLAGE,
         ERNAKULAM-682 024.

    2    E.M. BINOD, AGED 43 YEARS,
         S/O MOHANAN, RESIDING AT
         ILLIKKAT HOUSE, EDAPALLY P.O.,
         KANAYANNOOR TALUK,
         THRIKKARA NORTH VILLAGE,
         ERNAKULAM-682 024.

         BY ADVS.
         S.SREEKUMAR (KOLLAM)
         SMT.V.BEENA


RESPONDENTS:

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

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

    3    THE REVENUE DIVISIONAL OFFICER,
         MUVATTUPUZHA,
         ERNAKULAM-686 669.

    4    THE TAHSILDAR(L.R), TALUK OFFICE,
         KUNNATHUNADU, ERNAKULAM-683 542.
 WP(C)No.699/2021

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    5     THE CONVENER,
          LOCAL LEVEL MONITORING COMMITTEE/
          AGRICULTURAL OFFICER, KRISHIBHAVAN,
          PERUMPAVOOR-683 542.

    6     THE VILLAGE OFFICER,
          PERUMBAVOOR VILLAGE OFFICE,
          ERNAKULAM-683 542.

          SRI.SYAMANTHAK B.S, G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C)No.699/2021

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                           JUDGMENT

Dated this the 5th day of October, 2021

The petitioners state that they jointly own 32.23 Ares

of property. The 1st petitioner owns 15.37 Ares of land and

the 2nd petitioner owns 16.96 Ares of land in Perumbavoor

Village of Ernakulam District. The properties are lying as a

single plot.

2. The petitioners earlier approached this Court

filing WP(C)No.32871/2017 seeking directions to change

the nature of the land in revenue records. The said writ

petition was disposed of as per Ext.P3 judgment. Pursuant

to Ext.P3 judgment, the Local Level Monitoring Committee

(LLMC) conducted inspection and from Ext.P4 proceedings

of the LLMC, it is discernible that the Committee found that

the land of the petitioner was converted much prior to 2008.

According to the petitioners, in such circumstances, the WP(C)No.699/2021

petitioners are entitled to get the nature of land changed in

all revenue records including the Basic Tax Register. The

petitioners have filed Ext.P7 application invoking Rule 12(1)

of the Kerala Conservation of Paddy Land and Wetland

Rules. The petitioners therefore prays that the 3 rd

respondent may be directed to consider Ext.P7 application

and take a decision in accordance with law.

3. Heard the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents.

4. Ext.P4 proceedings of the LLMC would show

that the land owned by the petitioners were converted prior

to 2008. If that be so, the petitioners would be entitled to

get description and nature of the land changed in revenue

records. For this purpose, the petitioners have filed Form 6

application as evidenced by Ext.P7. Ext.P7 being a

statutory application, the 3rd respondent is duty bound to WP(C)No.699/2021

consider the same in accordance with law and pass orders

thereon within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P7 Form 6

application filed by the petitioners, if the 3 rd respondent has

received Ext.P7 application supported by all requisite

documents. The 3rd respondent shall pass orders on

Ext.P7 within a period of four months.

Sd/-

N. NAGARESH JUDGE ncd/06.10.2021 WP(C)No.699/2021

APPENDIX OF WP(C) 699/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT NO.KL/07051602628/2020 DATED 20.05.2020 ISSUED BY THE PERUMBAVOOR VILLAGE OFFICE IN FAVOUR OF 1ST PETITIONER.

EXHIBIT P2            THE TRUE COPY OF THE TAX RECEIPT
                      NO.KL/07051602622/2020           DATED

20.05.2020 ISSUED BY THE PERUMBAVOOR VILLAGE OFFICE IN FAVOUR OF 2ND PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 29/11/2017 IN WPC NO.32871/17.

EXHIBIT P4 THE TRUE COPY OF THE MINUTES AND THE DECISION OF THE 5TH RESPONDENT DATED 27/02/2018.

EXHIBIT P5 THE TRUE COPY OF THE SUBMISSION DATED 23.03.2018 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P6            THE TRUE COPY OF THE RECEIPT DATED
                      27/03/2018   ISSUED    BY    THE   3RD

RESPONDENT AGAINST THE EXHIBIT P3 RECEIPT.

Exhibit P7 THE TRUE COPY OF THE APPLICATION FILED UNDER FORM 6 BEFORE THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM.