Prasoon Poley vs The Revenue Divisional Officer
2023 Latest Caselaw 7072 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 7515 OF 2023
PETITIONER:

           JACOB JOY,
           AGED 31 YEARS,
           S/O JOY, VETTIKKANAKKUDY HOUSE,KARATTUPALLIKKARA,
           PERUMBAVOOR P.O, PERUMBAVOOR VILLAGE, KUNNATHUNADU
           TALUK, ERNAKULAM DISTRICT - 683 542.
           BY ADVS.
           ANISH PAUL
           K.V.SURESH KUMAR
           SHIBU THOMAS (NILAMBUR)


RESPONDENTS:

    1      THE REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
           MUDAVOOR P.O, MUVATTUPUZHA,
           ERNAKULAM DISTRICT - 686 669.
    2      THE TAHSILDAR,
           KUNNATHUNADU TALUK, TALUK OFFICE,PERUMBAVOOR,
           PERMBAVOOR P.O, ERNAKULAM DISTRICT - 683 542.
    3      THE VILLAGE OFFICER,
           PERUMBAVOOR VILLAGE OFFICE, PERUMBAVOOR P.O,
           ERNAKULAM DISTRICT - 683 542.
           BY SMT.PREETHA.K.K, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, ALONG WITH WP(C).7583/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOS. 7515 & 7583 OF 2023
                                    2



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                      WP(C) NO. 7583 OF 2023
PETITIONER:

             PRASOON POLEY,
             AGED 35 YEARS,
             S/O POLEY, PUTHUSSERY HOUSE,ALLAPRA, VENGOLA P.O,
             VENGOLA VILLAGE, KUNNATHUNADU TALUK,
             ERNAKULAM DISTRICT - 683 556.
             BY ADVS.
             ANISH PAUL
             K.V.SURESH KUMAR
             SHIBU THOMAS (NILAMBUR)


RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER,
             REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
             MUDAVOOR P.O, MUVATTUPUZHA,
             ERNAKULAM DISTRICT - 686 669.
     2       THE TAHSILDAR,
             KUNNATHUNADU TALUK, TALUK OFFICE,PERUMBAVOOR,
             PERMBAVOOR P.O, ERNAKULAM DISTRICT - 683 542.
     3       THE VILLAGE OFFICER,
             PERUMBAVOOR VILLAGE OFFICE, PERUMBAVOOR P.O,
             ERNAKULAM DISTRICT - 683 542.
             BY SMT.PREETHA.K.K, SR.G.P
      THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 23.06.2023, ALONG WITH WP(C).7515/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 7515 & 7583 OF 2023
                                  3

                            JUDGMENT

The petitioners in these cases purchased properties lying

adjacent to each other through separate registered documents. The

petitioners have approached this Court being aggrieved by the fact

that mutation has not been effected and land tax has not been

accepted from the petitioners on the ground that the properties,

which are subject matter of these cases have been converted

contrary to the provisions contained in the Kerala Conservation of

Paddy Land and Wetland Act, 2008 ('the Act' for short).

2. The learned Government Pleader, on instructions would

submit that mutation was not effected on account of the fact that the

lands, which are clearly falling within the purview of the Act have

been converted without obtaining any permission from the

authorities concerned. It is submitted that in such circumstances, it

was not possible to effect mutation in respect of the properties

purchased by the petitioners in these cases.

3. The learned counsel appearing for the petitioners would

rely on the judgment of this Court in Rappai and Another v. State of

Kerala and Others [2014 KHC 5041] to contend that the mere fact

that the property, which is sought to be mutated is land falling WP(C) NOS. 7515 & 7583 OF 2023

within the purview of the Act cannot be a ground to refuse mutation

etc. In Rappai and Another (supra), a learned Judge of this Court

took the view that the mere fact that the lands in question are

subject matter of the proceedings under the Act cannot be a ground

to refuse possession certificate. I see no reason to take a different

view in the facts of this case. There is no law that lands coming

under the purview of the Act cannot be sold. If the petitioners have

purchased properties, which are subject matter of the provisions of

the Act, mutation can be effected in favour of the petitioners and

land tax can be accepted from them clearly indicating that the lands

in question are paddy lands or wet lands as the case may be and

subject to the provisions of the Act. If the petitioners or the

predecessors in interest have illegally converted the land or any part

of it, it is also open to the authorities to initiate action in accordance

with the law. However, that cannot be a ground to refuse mutation

and to refuse acceptance of land tax from the petitioners.

4. Therefore, these writ petitions are disposed of directing

that the competent among the respondents shall effect mutation of

the properties subject to compliance with usual formalities without

in any manner being influenced by the fact that the properties in

question are within the purview of the Act and have been illegally WP(C) NOS. 7515 & 7583 OF 2023

converted. It is made clear that mutation and acceptance of land tax

will always be subject to any proceedings that have been initiated or

are proposed to be initiated under the provisions of the Act and that

it will be open to the authorities to indicate in any certificate that

may be issued to the petitioners that the properties are subject

matter of proceedings under the Act. All contentions of the

petitioners that the provisions of the Act do not apply are left open

to be considered in any proceedings that are pending or may be

initiated. Steps for effecting mutation and acceptance of land tax

shall be completed, within a period of one month from the date of

receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NOS. 7515 & 7583 OF 2023

APPENDIX OF WP(C) 7583/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.545/2015 OF PERUMBAVOOR SUB REGISTRAR OFFICE, DATED 5/2/2015.

Exhibit P2 TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(a) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(b) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(c) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(d) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 04.03.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(e) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 19.03.2011 ISSUED BY 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK, DATED NIL.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 17.10.2022 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT FOR MUTATION OF THE PROPERTY AND TO ACCEPT BASIC LAND TAX Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 17.10.2022 ISSUED BY 3RD RESPONDENT VILLAGE OFFICER TO THE PETITIONER Exhibit P6 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO. 21/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF THE PETITIONER'S PROPERTY IN SURVEY NO.44 WITH TYPED COPY.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO. 22/2023/1471119 ISSUED TO THE PETITIONER REGARDING APPLICATION FOR MUTATION OF THE PETITIONER'S PROPERTY IN SURVEY NO.45 WP(C) NOS. 7515 & 7583 OF 2023

WITH TYPED COPY.

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO. 23/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF THE PETITIONER'S PROPERTY IN SURVEY NO.59 WITH TYPED COPY.

Exhibit P9 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.24/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.60 WITH TYPED COPY.

Exhibit P10 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO. 25/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.62 WITH TYPED COPY.

Exhibit P11 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.26/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.63 WITH TYPED COPY.

Exhibit P12 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.27/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.65 WITH TYPED COPY.

Exhibit P13 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.28/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.66 WITH TYPED COPY.

Exhibit P14 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.29/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.67 WITH TYPED COPY.

Exhibit P15 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.30/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF WP(C) NOS. 7515 & 7583 OF 2023

PETITIONER'S PROPERTY IN SURVEY NO.79 WITH TYPED COPY.

Exhibit P16 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.31/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.85 WITH TYPED COPY.

Exhibit P17 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.32/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.90 WITH TYPED COPY.

Exhibit P18 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.33/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.91 WITH TYPED COPY.

Exhibit P19 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.34/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.92 WITH TYPED COPY.

Exhibit P20 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.35/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.96 WITH TYPED COPY.

Exhibit P21 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.36/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.97 WITH TYPED COPY.

Exhibit P22 TRUE COPY OF THE RECEIPT DATED 14.03.2023 BEARING NO.37/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.2 WITH TYPED COPY.

WP(C) NOS. 7515 & 7583 OF 2023

APPENDIX OF WP(C) 7515/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.544/2015 OF PERUMBAVOOR SUB REGISTRAR OFFICE, DATED 5/2/2015.

Exhibit P2 TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(a) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(b) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(c) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 04.03.2011 ISSUED BY THE 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P2(d) TRUE PHOTO COPY OF THE TAX RECEIPT DATED 19.03.2011 ISSUED BY 3RD RESPONDENT TO THE PREVIOUS OWNER Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK, DATED NIL.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 17.10.2022 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT FOR MUTATION OF THE PROPERTY AND TO ACCEPT BASIC LAND TAX Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 17.10.2022 ISSUED BY 3RD RESPONDENT VILLAGE OFFICER TO THE PETITIONER Exhibit P6 TRUE COPY OF THE RECEIPT DATED 10.03.2023 BEARING NO. 1/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF THE PETITIONER'S PROPERTY IN SURVEY NO.38 WITH TYPED COPY Exhibit P7 TRUE COPY OF THE RECEIPT DATED 10.03.2023 BEARING NO. 2/2023/1471119 ISSUED TO THE PETITIONER REGARDING APPLICATION FOR MUTATION OF THE PETITIONER'S PROPERTY IN SURVEY NO.39 WITH TYPED COPY Exhibit P8 TRUE COPY OF THE RECEIPT DATED WP(C) NOS. 7515 & 7583 OF 2023

10.03.2023 BEARING NO. 3/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF THE PETITIONER'S PROPERTY IN SURVEY NO.40 WITH TYPED COPY Exhibit P9 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.4/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.41 WITH TYPED COPY Exhibit P10 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO. 5/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.42 WITH TYPED COPY Exhibit P11 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.6/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.43 WITH TYPED COPY Exhibit P12 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.7/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.48 WITH TYPED COPY Exhibit P13 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.8/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.49 WITH TYPED COPY.

Exhibit P14 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.9/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.52 WITH TYPED COPY Exhibit P15 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.10/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.53 WITH TYPED COPY WP(C) NOS. 7515 & 7583 OF 2023

Exhibit P16 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.11/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.54 WITH TYPED COPY.

Exhibit P17 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.12/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.55 WITH TYPED COPY.

Exhibit P18 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.13/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.56/1 WITH TYPED COPY.

Exhibit P19 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.14/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.56/2 WITH TYPED COPY.

Exhibit P20 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.15/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.56/3 WITH TYPED COPY.

Exhibit P21 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.16/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.58 WITH TYPED COPY.

Exhibit P22 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.17/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.69 WITH TYPED COPY.

Exhibit P23 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.18/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.70 WP(C) NOS. 7515 & 7583 OF 2023

WITH TYPED COPY.

Exhibit P24 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.19/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.74 WITH TYPED COPY Exhibit P25 TRUE COPY OF THE RECEIPT DATED 11.03.2023 BEARING NO.20/2023/1471119 ISSUED TO THE PETITIONER REGARDING THE APPLICATION FOR MUTATION OF PETITIONER'S PROPERTY IN SURVEY NO.75 WITH TYPED COPY.