Kerala High Court
K.T Manuel vs Secretary Department Of Revenue on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 1253 OF 2022
PETITIONER:
K.T MANUEL
AGED 59 YEARS
KANNADI HOUSE, NILAMPATHINJAMUGAL, KAKKANAD, RAJAGIRI
VALLEY P.O,
ERNAKULAM, PIN - 682039
BY ADVS.
THOMAS JOHN AMBOOKEN
BLOSSOM MATHEW
B.SAJEEV KUMAR
RESPONDENTS:
1 SECRETARY DEPARTMENT OF REVENUE
GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
ERNAKULAM, PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, KOCHI
ERNAKULAM, PIN - 682030
3 REVENUE DIVISIONAL OFFICER
FIRST FLOOR, K.B JACOB ROAD, FORT KOCHI,
ERNAKULAM, PIN - 682001
4 TAHSILDAR
KANAYANNUR TALUK OFFICE, ERNAKULAM
ERNAKULAM, PIN - 682312
5 VILLAGE OFFICER
KAKKANADU VILLAGE OFFICE, KAKKANAD P.O,
ERNAKULAM, PIN - 682030
WP(C) NO. 1253 OF 2022
2
SMT PRINCY XAVIER, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1253 OF 2022
3
JUDGMENT
Petitioner is the owner in possession of 2.20 Ares of
land in Survey Nos.447/7-3-2 and 465/26 in Block No.9 of
Kakkanad Village in Kanayannur Taluk of Ernakulam District. It
is submitted by the learned counsel for the petitioner that by
mistake the applications show the extent of land as 2.20 Ares.
It is submitted that only an extent of 1.95 Ares of land
comprised in Survey No.447/7-3-2 is recored as Nilam in the
basic tax register and 25 sq.mtrs of land in Survey No.465/26 is
shown as purayidam in the BTR. It is, therefore, contended that
the application may be considered only with respect to 1.95
Ares of land in Survey No.447/7-3-2 which shown as Nilam in
the BTR. Petitioner confines his relief for an expeditious
consideration of Exts.P5 and P7 applications in Form Nos.5 and
6 under the Kerala Conservation of Paddy land and Wetland Act,
2008, seeking deletion of entry relating to the subject property
WP(C) NO. 1253 OF 2022
from the data bank and seeking permission for use of land for
other purposes. According to the petitioner, the property is a
dry land and has been erroneously included in the data bank.
2. Having heard the learned Government Pleader also
and without expressing any view on the merits of the matter,
this writ petition is disposed of directing the 3 rd respondent to
initially consider Ext.P5 application (Form No.5), after obtaining
and verifying the relevant materials and reports from the
Agricultural Officer and to pass appropriate orders thereon,
taking note of the actual extent of land which is recorded as
Nilam in the BTR and after verifying the nature and extent of
the property within a period of four months from the date of
receipt of a copy of this judgment. If orders are passed
excluding the property from the data bank, then, Ext.P7
application (Form No.6) shall also be taken up for consideration
and appropriate orders shall be passed thereon within a period
of three months thereafter. The RDO shall consider all relevant
matters and shall obtain reports from the concerned Village
WP(C) NO. 1253 OF 2022
Officer as well.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ska
WP(C) NO. 1253 OF 2022
APPENDIX OF WP(C) 1253/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE SALE DEED NO.822/2006 OF
THRIKKAKARA SUB REGISTRAR OFFICE
Exhibit2 TRUE COPY OF THE BUILDING TAX RECEIPT DATED
28.03.2009, ISSUED BY THE THRIKKAKARA GRAMA
PANCHAYATH
Exhibit3 TRUE COPIES OF LAND TAX RECEIPT NO.4664740
DATED 29.01.2010 AND LAND TAX RECEIPT
NO.3610868 DATED 01.10.2011
Exhibit4 TRUE COPY OF LAND TAX RECEIPT DATED 16.02.2021
Exhibit5 TRUE COPY OF THE FORM 5 APPLICATION DATED
12.11.2021
Exhibit6 TRUE COPY OF THE POSTAL RECEIPT DATED
12.11.2021
Exhibit7 TRUE COPY OF THE FORM 6 APPLICATION DATED
12.11.2021
Exhibit8 TRUE COPY OF THE POSTAL RECEIPT OF THE SAME
DATED 12.11.2021
