Kerala High Court
Joseph vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 909 OF 2023
PETITIONER:
JOSEPH
AGED 87 YEARS
S/O.THOMAS, ARAKKAL NELLISSERY HOUSE,
EDATHIRUTHI P.O., EDATHIRUTHI VILLAGE,
KODUNGALLORE TALUK, THRISSUR - 680703.
BY ADV N.L.BITTO
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 DISTRCT COLLECTOR, THRISSUR DISTRICT
COLLECTORATE, CIVIL STATION,
AYYANTHOLE. P.O., THRISSUR - 680003.
3 THE REVENUE DIVISIONAL OFFICER,
IRINJALAKUDA REVENUE DIVISION,
CIVIL STATION, IRINJALAKUDA,
THRISSUR DISTRICT,, PIN - 680721
4 THAHASILDAR, KODUNGALLORE TALUK
CIVIL STATION KODUNGALLORE,
THRISSUR - 680664.
5 VILLAGE OFFICER, EDATHIRUTHI VILLAGE
KODUNGALLORE TALUK,
THRISSUR - 680687.
BY VIDYA KURIAKOSE GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
WP(C) No. 909 of 2023
JUDGMENT
Dated this the 11th day of January, 2023
The petitioner, who is owner of 60.71 Ares of land in Survey
Nos.254/2A, 254/3A-1 and 254/4-1 of Edathiruthi Village of
Thrissur District, seeks to direct the 4th respondent to effect
necessary corrections in the Revenue records in respect of the
petitioner's land.
2. The petitioner states that his land is described is paddy
land in Revenue records. The petitioner's land was not in fact
cultivated with paddy. The petitioner wanted to use the land for
other purpose. The petitioner therefore submitted application to
change the nature of the land in Revenue records by filing an
application in Form-7 of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008.
WP(C) No. 909 of 2023
3. The petitioner states that the Revenue Divisional Officer
considered all aspects of the case and passed Ext.P5 order
directing to change the nature of the petitioner's land in Revenue
records. The grievance of the petitioner is that in spite of Ext.P5
order, the Tahsildar is not effecting necessary changes in the
Revenue records.
4. I have heard the learned counsel for the petitioner and
the learned Government Pleader representing the respondents.
5. Ext.P5 order of the Revenue Divisional Officer would
show that the nature of the land of the petitioner was permitted to
be changed invoking Rule 13(3) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008. The Revenue Divisional
Officer has directed the Tahsildar (LR), Kodungallur to effect
necessary changes in the Revenue records.
6. In view of the fact that the petitioner has obtained an
order under the Kerala Conservation of Paddy Land and Wetland
WP(C) No. 909 of 2023
Rules, 2008, it is only just and proper that the Tahsildar be
directed to effect consequential changes in the Revenue records.
The writ petition is therefore disposed of directing the 4 th
respondent-Tahsildar to effect necessary changes in the Revenue
records pursuant to Ext.P5 order within a period of one month.
Sd/-
N. NAGARESH
JUDGE
ams
WP(C) No. 909 of 2023
APPENDIX OF WP(C) 909/2023
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE SALE DEED BEARING
NO.298 OF 1993 OF THE THRIPRAYAR SRO
DATED 6/2/1993
Exhibit-P2 A TRUE COPY OF THE SALE DEED BEARING
NO.1712 OF 1993 OF THE THRIPRAYAR SRO
DATED 27/8/1993
Exhibit-P3 A TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL08050101117/2022 ISSUED FROM
EDATHIRUTHI VILLAGE DATED 1/4/2022
Exhibit-P4 A TRUE COPY OF JUDGEMENT IN WP(C)20243 OF
2022 OF THE HONOURABLE HIGH COURT OF
KERALA DATED 22/6/2022
Exhibit-P5 A TRUE COPY OF THE ORDER PASSED BY THE
3RD RESPONDENT RDO, IRINJALAKUDA DATED
1/10/2022
Exhibit-P6 A TRUE COPY OF THE STATUS FROM THE POSTAL
AUTHORITIES SHOWING ITEM RECEIVED ON
20/10/2022
