Sethumadhavan A P vs State Of Kerala, Represented By ...
2023 Latest Caselaw 3046 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         WP(C) NO.37742 OF 2022
PETITIONER :-

             SETHUMATHAVAN A P, AGED 71 YEARS
             S/O.MADHAVAN NAIR T, R/O THOTTAPAYA HOUSE, 5/423,
             MOSQUE, MUTHUTHALA, KOLIKKOTTUSSERI, OTTAPPALAM,
             PALAKKAD, KERALA - 679 303.

             BY ADVS.
             E.ADITHYAN
             MEERA RAMESH
             VISHNU HARI K.
             TREESA MANJILA
             THEJAN RAJ


RESPONDENTS :-

     1       STATE OF KERALA, REPRESENTED BY ITS SECRETARY
             DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

     2       THE REVENUE DIVISIONAL OFFICER, OTTAPALAM,
             OFFICE OF THE REVENUE DIVISIONAL OFFICER,
             OTTAPALAM, PALAKKAD DISTRICT, PIN - 679 101.

     3       THE VILLAGE OFFICER,
             MUTHUTHALA VILLAGE, PATTAMBI TALUK,
             PALAKKAD DISTRICT - 679 101.

     4       THE AGRICULTURAL OFFICER,
             FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK,
             PALAKKAD, KERALA - 679 303.

     5       DISTRICT COLLECTOR,
             CIVIL STATION, PALAKKAD DISTRICT-679 534.

             SMT.PARVATHY.K-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.03.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.37742 OF 2022

                                  -: 2 :-


                              JUDGMENT

Dated this the 13th day of March, 2023

This writ petition is filed seeking the following reliefs :-

"a) To issue a writ of certiorari or any other appropriate writ, order or direction calling for records leading to Exhibit P2 order issued by the fifth respondent and to set aside the same.

b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Exhibit P3 application after conducting a site inspection and after affording an opportunity of being heard to the petitioner.

c) Issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to carry out necessary changes in the data bank to record the property of the petitioner lying in Survey No.322/10-1, Palakkad District, Pattambi Taluk, Muthuthala Village, having an extent of 14 Ares 53 sq meter holding Thanda per Number 4443."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that as against Ext.P2 order passed by the District Collector

under Section 13 of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, the petitioner has submitted Ext.P5 revision

petition before the Government which is liable to be considered WP(C) NO.37742 OF 2022

in accordance with law. It is submitted that the property of the

petitioner is dry land and there are old coconut trees, mahagany

and other trees in the said property and the same has never been

used for paddy cultivation. It is further submitted that though

the property is a pucca dry land, the same has been wrongly

included in the data bank prepared under the provisions of the

Kerala Conservation of Paddy Land and Wetland Act as 'nilam'. It

is submitted that the said aspect has not been considered by the

District Collector.

Having considered the contentions advanced and in

view of the contention raised by the petitioner, there will be a

direction to the 1st respondent to take up Ext.P5 revision petition

preferred by the petitioner and to consider and pass orders on

the same, after conducting due site inspection and after hearing

the petitioner also, within a period of three months from the date

of receipt of a copy of this judgment. Till such time, the parties

shall maintain status quo with regard to the property in question.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/17.3.2023 WP(C) NO.37742 OF 2022

APPENDIX OF WP(C) 37742/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE FIFTH RESPONDENT DATED 8.11.2022.

Exhibit P3 A TRUE COPY OF THE FORM 5(4) APPLICATION SUBMITTED BY THE PETITIONER DATED 13.9.2022.

Exhibit P4 A TRUE COPY OF THE TAX RECEIPT DATED 13.9.2022 ISSUED BY THE R3.

Exhibit P5 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 07.12.2022, WITHOUT EXHIBITS

Exhibit P6 TRUE PHOTOCOPY OF THE POSTAL RECEIPT OF THE SAME DATED 07.12.2022