O.K.Narayanan Nair vs State Of Kerala
2022 Latest Caselaw 10899 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                    WP(C) NO. 35161 OF 2022
PETITIONER:

         O.K.NARAYANAN NAIR,
         AGED 64 YEARS
         S/O.THANKAMMA (LATE),
         ORAPPURAKKATTU HOUSE, PUTHENPALLI.P.O.,
         GURUVAYOOR, THRISSUR DISTRICT - 680103.

         BY ADV AVANEESH KOYIKKARA


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY,
         REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695001.
    2    DISTRICT COLLECTOR,
         THRISSUR, COLLECTORATE, CIVIL STATION,
         AYYANTHOLE POST, THRISSUR DISTRICT-680003.
    3    REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, THRISSUR,
         AYYANTHOLE.P.O., THRISSUR DISTRICT - 680003.
    4    TAHSILDAR (LAND RECORDS),
         TALUK OFFICE, CHAVAKKAD, VANJIKADAVU RD,
         CHAVAKKAD, THRISSSUR-680506.
    5    VILLAGE OFFICER,
         VILLAGE OFFICE, IRINGAPRAM,
         GURUVAYUR, THRISSUR 680 506.

         SMT.VIDYA KURIAKOSE GP

     THIS WRIT PETITION       (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 03.11.2022,       THE COURT ON    THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.35161 OF 2022

                              2


                           JUDGMENT

Dated this the 3rd day of November, 2022

The petitioner, who is owner of 10.53 Ares of land

comprised in Survey No.127/1 of Iringapram Village in

Thrissur District, is before this Court seeking to direct the

5th respondent-Tahsildar to take necessary steps consequent

to Ext.P1 order passed by the 3rd respondent-Revenue

Divisional Officer.

2. The petitioner states that his land is not a paddy

land. However, it was described as 'paddy land' in Revenue

records. The petitioner, therefore, submitted an application

invoking the provisions of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008 to change the nature of his

land.

3. The 3rd respondent-Revenue Divisional Officer,

after considering the reports of the Village Officer and

Agricultural Officer, decided to permit the petitioner to change WP(C) NO.35161 OF 2022

the nature of the land. According to the petitioner, by Ext.P1

order, the Revenue Divisional Officer has directed the

5th respondent-Tahsildar to take consequential action on

Ext.P1. In spite of the direction contained in Ext.P1, the

Tahsildar has not taken necessary steps, contends the

petitioner.

4. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader denied all

the allegations made by the petitioner in the writ petition.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. On the basis of application submitted by the

petitioner under the provisions of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008, the 3rd respondent-

Revenue Divisional Officer has passed Ext.P1 order allowing

the application of the petitioner to change the nature of the

land. The petitioner has paid necessary conversion fee also WP(C) NO.35161 OF 2022

as required by the Revenue Divisional Officer. Ext.P1 directs

the Tahsildar to take consequential steps. In the

circumstances, it is only just and proper that the

5th respondent-Tahsildar take such steps within a reasonable

time.

In the circumstances, the writ petition is disposed of

directing the 5th respondent-Tahsildar to take consequential

steps pursuant to Ext.P1 order, within a period of one month.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.35161 OF 2022

APPENDIX OF WP(C) 35161/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF ORDER NO. B2-15484/2020 DATED 06.09.2022 OF THE 3RD RESPONDENT ALONG WITH THREE SKETCHES OF THE PETITIONERS PROPERTY.

Exhibit P2        A COPY OF THE PETITION SUBMITTED BY
                  THE   PETITIONER    BEFORE   THE   5TH
                  RESPONDENT DATED 04.10.2022.

RESPONDENT'S/S EXHIBITS :NIL