Makkar K.B vs The District Collector
2022 Latest Caselaw 163 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                       WP(C) NO. 30215 OF 2021
PETITIONER:

          MAKKAR K.B
          AGED 58 YEARS
          S/O. BAVA, VATTAPPARAMBIL KOLLAMKUDY HOUSE,
          ARAKKAPPADY, VENGOLA P.O., ARAKKAPPADY VILLAGE,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683556.

          BY ADVS.
          ANISH PAUL
          K.V.SURESH KUMAR



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD ERNAKULAM
          DISTRICT-682030.

    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISION OFFICE, MUVATTUPUZHA P.O.,
          MUVATTUPUZHA, ERNAKULAM DISTRICT-686666.

    3     THE THAHSILDAR,
          KUNNATHUNADU TALUK, TALUK OFFICE, PERUMBAVOOR,
          PERUMBAVOOR P.O., ERNAKULAM DISTRICT-683552.

    4     THE VILLAGE OFFICER,
          ARAKKAPPADY VILLAGE OFFICE, VENGOLA P.O., ERNAKULAM
          DISTRICT-683556.



          SMT.K.AMMINIKUTTY SR.G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30215 OF 2021
                                         2

                                  JUDGMENT

The petitioner singularly prays that the 3rd

respondent be directed to take up Ext.P3

application of his and to correct the entries in

the Basic Tax Register and the revenue records,

altering the tenure of his property as being

'Purayaidam' instead of 'Nilam'.

2. The petitioner says that since he had

already obtained an order under Clause 6(2) of

the Kerala Land Utilisation Order (KLU Order) on

25.05.2015, the provisions of the Kerala

Conservation of Paddy Land and Wetland Act, 2008,

will not be applicable to his property. He thus

prays that Ext.P3 be directed to be taken up and

disposed of by the 3rd respondent, within a time

frame to be fixed by this Court.

3. In response to the afore submissions of

Sri.Anish Paul - learned counsel for the

petitioner, the learned Senior Government Pleader

- Smt.K.Amminikutty, submitted that if the WP(C) NO. 30215 OF 2021

petitioner only requires Ext.P3 application to be

taken up and disposed of as per law, she will not

stand in the way; however, praying that this

Court may not make any affirmative declarations

in favour of the petitioner and leave it to the

said respondent to take an appropriate decision

thereon, as per law.

4. The pleadings on record show that the

petitioner is relying on Ext.P2 order obtained by

him under Clause 6(2) of the KLU Order.

Obviously, therefore, it is now for the 3rd

respondent to consider Ext.P3 application,

adverting to this order and then complete

appropriate action thereon in terms of law.

In the afore circumstances, I order this writ

petition and direct the 3rd respondent to take up

Ext.P3 application of the petitioner and to

dispose of the same, after affording him an

opportunity of being heard and after adverting

specifically to Ext.P2 order obtained by the WP(C) NO. 30215 OF 2021

petitioner under Clause 6(2) of the KLU Order;

thus culminating in an appropriate

order/necessary action thereon, as expeditiously

as is possible, but not later than three months

from the date of receipt of a copy of this

judgment.

While the afore exercise is completed, the 3 rd

respondent will also advert to the various

precedents covering the field - including Ext.P5

judgment and will carefully appreciate the impact

of Ext.P2 order obtained by the petitioner in the

year 2015, within the umbra of the statutory

scheme of the KLU Order and the Kerala

Conservation of Paddy Land and Wetland Act.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/11/01/2022 WP(C) NO. 30215 OF 2021

APPENDIX OF WP(C) 30215/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 17.4.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 25.5.2015 OF THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 13.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPORTED JUDGMENT DATED 14.2.2019 IN WP(C) NO.6939/2018 OF THIS HON'BLE COURT.

Exhibit P5 TRUE COPY OF THE REPORTED JUDGMENT DATED 29.7.2020 IN WP(C) NO.11519/2020 OF THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 2.12.2020 IN WP(C) NO.26769/2020 OF THIS HON'BLE COURT.