Meena John vs State Of Kerala
2022 Latest Caselaw 5961 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. 17604 OF 2022
PETITIONER:

         MEENA JOHN
         AGED 68 YEARS
         W/O. M.V. JOHN, MUTHIRAKALAYIL HOUSE,
         VENGOLA PO, ERNAKULAM DISTRICT - 683556.

         BY ADV JOSEPH M.P.


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695001.

    2    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM
         DISTRICT - 686673.

    3    THE TAHSILDAR,
         TALUK OFFICE, KUNNATHUNAD TALUK,
         PERUMBAVOOR, ERNAKULAM DISTRICT - 683542.

    4    THE VILLAGE OFFICER,
         VENGOAL VILLAGE, KUNNATHUNAD TALUK,
         PERUMBAVOOR, ERNAKULAM DISTRICT - 683556.

    5    THE CONVENER,
         LOCAL LEVEL MONITORING COMMITTEE & AGRICULTURAL
         OFFICER, VENGOLA, ERNAKULAM DISTRICT - 683556.

    6    VENGOLA GRAMA PANCHAYAT,
         PERUMBAVOOR - PUTHENKURISH ROAD, VENGOLA,
         ERNAKULAM DISTRICT - 683554
         REPRESENTED BY ITS SECRETARY.
 W.P.(C) No.17604/2022
                            :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.17604/2022
                                       :3:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                      W.P.(C) No.17604 of 2022

          `````````````````````````````````````````````````````````````
                Dated this the 31st day of May, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, who is the owner of a property in

Vengola Village, is before this Court seeking to direct the 2 nd

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 4 Ares and 86 square metres of land in Survey

No.222/12 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.13890. The

petitioner is also paying tax for the same.

3. According to the petitioner, the said property is

recorded as 'Nilam' in Revenue records. No paddy W.P.(C) No.17604/2022

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 of the Kerala

Conservation of Paddy Land and Wetland Act 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 4 Ares 86

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)

of the Kerala Conservation of Paddy Land and Wetland

Rules, 2008. Ext.P3 is a statutory application. Therefore, W.P.(C) No.17604/2022

the competent authority is bound to consider the same and

pass appropriate orders thereon 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.17604/2022

APPENDIX OF WP(C) 17604/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.

606/19 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