Deepak John vs State Of Kerala
2022 Latest Caselaw 5956 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                WP(C) NO. 17620 OF 2022
PETITIONER:

         DEEPAK JOHN
         AGED 38 YEARS
         S/O.M.V.JOHN,
         MUTHIRAKALAYIL HOUSE,
         VENGOLA P.O.,
         ERNAKULAM DISTRICT - 683 556.

         BY ADV JOSEPH M.P.


RESPONDENTS:

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

    2    THE REVENUE DIVISIONAL OFFICER
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 673.

    3    THE TAHSILDAR
         TALUK OFFICE, KUNNATHUNAD TALUK, PERUMBAVOOR,
         ERNAKULAM DISTRICT - 683 542.

    4    THE VILLAGE OFFICER
         VENGOLA VILLAGE, KUNNATHUNAD TALUK,
         PERUMBAVOOR, ERNAKULAM DISTRICT - 683 556.

    5    THE CONVENER
         LOCAL LEVEL MONITORING COMMITTEE & AGRICULTURAL
         OFFICER, VENGOLA, ERNAKULAM DISTRICT - 683 556.

    6    VENGOLA GRAMA PANCHAYAT
         PERUMBAVOOR - PUTHENKURISH ROAD, VENGOLA,
         ERNAKULAM DISTRICT - 683 554
         REPRESENTED BY ITS SECRETARY.
 W.P.(C) No.17620/2022
                            :2:


    7     THE PRESIDENT
          VENGOLA GRAMA PANCHAYAT, PERUMBAVOOR -
          PUTHENKURISH ROAD, VENGOLA,
          ERNAKULAM DISTRICT - 683 556.


          BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17620/2022
                                       :3:




                           N. NAGARESH, J.

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                      W.P.(C) No.17620 of 2022

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                Dated this the 31st day of May, 2022

                            JUDGMENT

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The petitioner, who is the owner in possession

and enjoyment of a property having 2 Ares and 43 square

metres in Survey No.222/7 in Block No.20 of Vengola Village,

is before this Court seeking to direct the 3 rd respondent to

change the nature of the land in the Village records as

garden land instead of 'Nilam'.

2. The petitioner states that he is the owner in

possession of 2 Ares and 43 square metres of land in Survey

No.222/7 in Block No.20 of Vengola Village. The said

property is mutated in the name of the petitioner and the

petitioner has been assigned Thandaper No.13886. The

petitioner is also paying tax for the same. W.P.(C) No.17620/2022

3. According to the petitioner, the said property is

recorded as 'Nilam' in Revenue records. No paddy

cultivation is conducted in the property for the last more than

80 years. The petitioner is unable to utilise the said property

for non-agricultural purpose. The petitioner therefore

submitted Ext.P3 Form 5 application to remove the land from

the Data Bank, invoking the provisions under the Kerala

Conservation of Paddy Land and Wetland Act, 2008 and the

Rules made thereunder. No action has been taken by the

respondents on Ext.P3 application submitted by the

petitioner. Hence, the petitioner is before this Court.

4. Heard the learned counsel for the petitioner and

the learned Government Pleader.

5. The petitioner states that he is holding 2 Ares and

43 square metres of land in Vengola Village which, according

to the petitioner, is garden land. Particulars of the land have

been included in Land Data Bank. The petitioner therefore

submitted Ext.P3 application for removal of the said land

from the Data Bank invoking the provisions under Rule 4(d) W.P.(C) No.17620/2022

of the Kerala Conservation of Paddy Land and Wetland

Rules, 2008. Ext.P3 is a statutory application. Therefore,

the competent authority is bound to consider the same and

pass appropriate orders in accordance with law.

In such circumstances, the writ petition is

disposed of directing the 2 nd respondent to consider Ext.P3

Form 5 application submitted by the petitioner, if the same is

received accompanied by all supporting documents and

paying the prescribed fee, if any. Orders in this regard shall

be passed within a period of three months.

Sd/-

N. NAGARESH, JUDGE aks/01.06.2022 W.P.(C) No.17620/2022

APPENDIX OF WP(C) 17620/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.604/19 DATED 16/2/2019.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 19/4/2022 FOR THE YEAR 2022-23 WITH REGARD TO EXT.P1 PROPERTY.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20/4/2022 SUBMITTED BY THE PETITIONER IN THE PRESCRIBED PERFORMA BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS BEARING NO.C5/4564/20 DATED NIL THUS PASSED BY THE 3RD RESPONDENT ALONG WITH TYPE WRITTEN COPY OF THE SAME.