Kunhalan Haji vs State Of Kerala
2022 Latest Caselaw 11089 Ker

                HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 SATURDAY, THE 5TH DAY OF NOVEMBER 2022 / 14TH KARTHIKA, 1944
                    WP(C) NO. 30569 OF 2012
PETITIONER:

          KUNHALAN HAJI
          S/O. MUHAMMED PANDIKKADAN HOUSE,
          KONDOTTY AMSOM, KOLATHUR DESOM, P.O.,
          THURAKKAL-673638, MALAPPURAM.
          BY ADV SRI.M.K.CHANDRA MOHANDAS


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          DEPARTMENT OF REVENUE,
          THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT COLLECTOR
          MALAPPURAM-676505.
    3     THE TAHSILDAR
          ERNAD TALUK, MANJERI-676121.
    4     THE VILLAGE OFFICER
          VILLAGE OFFICE, KONDOTTY VILLAGE-676121.
          BY   GOVERNMENT PLEADER SRI.RIYAL DEVASSY



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
  05.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 30569 of 2012
                                       2




                           MOHAMMED NIAS. C.P.,J
                       ------------------------
                          WP(C).No.30569 of 2012
                       ------------------------
                  Dated this the 5th day of November, 2022

                                 JUDGMENT

The writ petition is filed with the following prayers:-

" i.issue a writ of mandamus or any other writ, order or direction directing the 3rd respondent Tahsildar, Ernad Taluk, Manjeri, Malappuram, to make appropriate inspection and to consider Ext. P2 representation and make appropriate corrections in the Basic Tax Register correcting the category of the petitioners plot as dry land (Purayidom) instead of Nilam in the light of the Judgment in Jalaja Dileep v. Revenue Divisional Officer (2012 (3) KLT 333.

ii.Issue a writ of mandamus or any other writ, order or direction directing the 3rd respondent to issue fresh possession certificate on the basis of the correction made in the Basic Tax Register so as to enable the petitioners to consider their plot as dry land (purayidom)

iii. To declare that an extent of 11.57 Ares (28.60 cents) of land in Sy. No. 290/14 of Kondotty Amsom, Kolathur Desom, Ernad Taluk, Malappuram described in the Sale Deed No. 802/2008 is not suitable for paddy cultivation and be treated as dry land.

iv) Issue any other just and equitable order in the interest of justice under the given facts and circumstances, as this Hon'ble Court may deem fit and proper. "

The blanket prayers sought for as such cannot granted as the

petitioner has to make an appropriate application under the Kerala

Conservation of Paddy Land and Wetland Act (for short 'the Act'). WP(C).No. 30569 of 2012

Without prejudice to the right of the petitioner to make

appropriate application under the provisions of the Act, the writ

petition is disposed of.

Sd/-

MOHAMMED NIAS. C.P.,JUDGE

dlk 5.11.2022 WP(C).No. 30569 of 2012

APPENDIX OF WP(C) 30569/2012

PETITIONER'S EXHIBITS EXHIBIT P1 - PHOTOGRAPHS OF THE PROPERTY. EXHIBIT P2 - TRUE COPY OF THE REPRESENTATION DATED 30.10.2012 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONEDNT.