M. Sulaiman vs State Of Kerala
2023 Latest Caselaw 1228 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                    WP(C) NO. 30557 OF 2013
PETITIONER/S:
          M. SULAIMAN, AGED 56 YEARS
          S/O.MUHAMMED THAMPI, BLOCK NO.123, OZHUKUPARA,
          MADATHARA, KOLLAM DISTRICT.
          BY ADVS.
          SRI.MANOJ RAMASWAMY
          SMT.JOLIMA GEORGE
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO
          GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT-695001.
    2     THE DISTRICT COLLECTOR
          KOLLAM DISTRICT, KOLLAM-691001.
    3     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISION, KOLLAM DISTRICT-691001.
    4     THE TAHSILDAR
          PATHANAPURAM TALUK, PUNALUR, KOLLAM DISTRICT-
          691305.
    5     THE VILLAGE OFFICER
          KULATHUPUZHA VILLAGE OFFICE, PATHANAPURAM TALUK,
          KOLLAM DISTRICT-691310.
OTHER PRESENT:

            SRI.RENJITH.T.R, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   18.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 30557 of 2013



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.30557 of 2013
                         =============================================================

                   Dated this the 18th day of January, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

i. A writ of mandamus or other appropriate writ, order or direction directing the 2nd & 4th respondents to effect necessary correction in the Basic Tax Register with respect to land comprising in Sy.No.976/1/1/1, Sy.No.976/4/1, Sy.No.976/1/1, Sy.No.976/1/4/1/1, Sy.No.976/1/4/1, Sy.No.976/1/7/2 and Sy.No.976/1/10/3/2 as 'dry land' by deleting the word 'wet land'.

ii. A writ of mandamus or other appropriate writ, order or direction directing the respondents 2 & 4 to consider Exhibit P3 application submitted by the petitioner and pass orders on the same within a time frame as fixed by this Hon'ble Court after affording an opportunity of being heard to the petitioner.

iii. Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice.

iv. Award the cost of these proceedings." (sic)

2. According to the petitioner, he is the absolute owner

and possession of 134.15 Ares of land in Sy.No.976/1/1/1,

976/4/1. 976/1/1, 976/1/4/1/1, 976/1/4/1, 976/1/7/2 and

W.P.(C). No. 30557 of 2013

976/1/10/3/2 of Kulathupuzha village, Pathanapuram Taluk,

Kollam District. According to the petitioner, the above land is

dry land and the adjoining lands are similar in nature. It is also

submitted that Ext.P2 certificate issued by the competent

authority will substantiate the factual position. According to the

petitioners, respondents are duty bound to correct the mistaken

description in the Basic Tax Register (BTR) by changing the

nature of property as dry land instead of wetland. The petitioner

submitted Ext.P3 application before the 2 nd and 4th respondents.

The grievance of the petitioner is that the same is not considered.

Hence, this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The Government Pleader

submitted that the petitioner has got remedy as per the

Conservation of Paddy Land and Wetland Act. Whatever that

W.P.(C). No. 30557 of 2013

may be, since Ext.P3 is pending, there can be a direction to the

2nd respondent to consider the same and if the 2 nd respondent is

not the competent authority as per the Conservation of Paddy

Land and Wetland Act, the 2nd respondent will inform the same to

the petitioner, so that the petitioner can take appropriate steps in

accordance to law.

Therefore, this writ petition is disposed of in the following

manner:

1. There will be a direction to the 2nd respondent to consider Ext.P3 and pass appropriate orders in it in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

2. Before passing final orders, an opportunity of hearing should be given to the petitioner.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 30557 of 2013

APPENDIX OF WP(C) 30557/2013

PETITIONER EXHIBITS P1: COPY OF THE SALE DEED NO.384/1997 DATED 26.03.1997 OF KULATHUPUZHA SUB REGISTRAR OFFICE.

P1(A): COPY OF THE SALE DEED NO.603/1998 DATED 26.06.1998 OF KULATHUPUZHA SUB REGISTRAR OFFICE. P1(B): COPY OF THE SALE DEED NO.458/2001 DATED 18.5.2001 OF KULATHUPUZHA SUB REGISTRAR OFFICE.

P2: COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURE OFFICER, KRISHIBHAVAN, KULATHUPUZHA. P3: COPY OF THE APPLICATION FOR CLASSIFICATION CHANGE DATED 8.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH COPY TO THE 4TH RESPONDENT. P4: COPY OF THE ACKNOWLEDGEMENT DATED 12.11.2013 FROM THE 2ND RESPONDENT.

P5: COPY OF THE ACKNOWLEDGEMENT DATED 12.11.2013 FROM THE 4TH RESPONDENT.