Kerala High Court
T.P.Jayaraj vs The Revenue Divisional Officer on 9 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
WP(C) NO. 4204 OF 2021
PETITIONER:
T.P.JAYARAJ
AGED 50 YEARS
S/O. RAJAGOPALAN NAIR, SANGEETHA, MELAKKOM,
KARUVAMBRAM P.O., MANJERI, MALAPPURAM DISTRICT
BY ADV BABU S. NAIR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, KOZHIKKODE, PIN-673 001.
2 THE VILLAGE OFFICER
KACHERI VILLAGE, KOZHIKKODE DISTRICT, PIN-673 006.
SMT.SURYA BINOY B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4204 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) call for the entire records leading up to Exhibit P6 and
quash the same by the issuance of a writ of certiorari or any
other appropriate writs, orders or directions;
(ii) declare that the petitioner's property comprised in Survey
No.1-22, 866/2 of the Kacheri Village of Kozhikkode Taluk in
Kozhikkode District was converted prior to 4-7-1967, and the
same is entitled to the benefit under proviso to Section 27A(3)
of the Act 28 of 2008 and Rule 12(13) of the Kerala Conservation
of Paddy Land and Wetland Rules, 2008;
(iii) issue a writ of mandamus or any other appropriate writs,
orders or directions commanding the first respondent to
reconsider Exhibit P4 application made by the petitioner in
Form 9 of the Rules"
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. The challenge in the writ petition was against Ext.P6 order by
which the request made by the petitioner for change of nature of the
property had been rejected by the 1 st respondent. It is submitted that
pursuant to Ext.P6 and on the basis of the suggestion contained therein,
the petitioner has submitted Ext.P9 application in Form 6 under Rule
12(1) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008
accompanied by all relevant documents and the petitioner seeks a
WP(C) NO. 4204 OF 2021
consideration thereof.
4. The learned Government Pleader points out that there is
discrepancy in the extent of the land as found in Ext.P9 Form 6
application. It is submitted that the records produced by the petitioner
would show that the extent of the property is 5.26 Ares and that the
recording of the extent is mentioned as 5.2 Hectors and 5.26 Ares in
Ext.P9.
5. The learned counsel for the petitioner submits that the mentioning
of the extent of property in Ext.P9 is only a mistake and the petitioner
has only 5.26 Ares of land in his name in the Survey number.
6. Having considered the contentions advanced, I am of the opinion
that the application preferred by the petitioner in Ext.P9 is to be
considered in accordance with law. There will, accordingly, be a
direction to the 1st respondent to take up, consider and pass orders on
Ext.P9 application preferred by the petitioner, after duly verifying the
extent of the property and all particulars relating thereto and after
obtaining all due reports as are required. Appropriate orders shall be
passed within a period of three months from the date of receipt of a copy
of this judgment. It is made clear that this Court has expressed no
opinion on the merits of the case.
WP(C) NO. 4204 OF 2021
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 4204 OF 2021
APPENDIX OF WP(C) 4204/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN,
PUTHIYARA, KOZHIKKODE DATED, 10.6.2020.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
SECRETARY, KOZHIKODE MUNICIPAL CORPORATION
DATED 21.2.2020.
EXHIBIT P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF
THE PROPERTIES ISSUED BY THE SUB REGISTRAR,
S.R.O., WEST HILL, KOZHIKKODE DATED,
11.12.2019.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER DATED 18.1.2019.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 16.6.2020 IN
WPC NO.11694/2020 OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE FIRST
RESPONDENT DATED, 10.2.2021.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
2ND RESPONDENT DATED, 10.2.2021.
EXHIBIT P8 TRUE COPY OF THE REPORT SUBMITTED BY THE
VILLAGE OFFICER, TO THE FIRST RESPONDENT -
SUB COLLECTOR DATED, 18.11.2020.
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER IN FORM 6 UNDER SECTION 27A OF THE
KERALA CONSERVATION OF PADDY LAND AND WETLAND
ACT, 2008 DATED 05.08.2021
EXHIBIT P10 TRUE COPY OF THE CHALAN RECEIPT ISSUED FROM
THE SUB TREASURY, MANJERI DATED 05.08.2021
EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
ISSUED BY THE SUB COLLECTOR, KOZHIKKODE DATED
06.08.2021.
RESPONDENT'S/S EXHIBITS: NIL
