Jithin Chandran vs The Village Officer
2023 Latest Caselaw 9532 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                        WP(C) NO. 27219 OF 2023
PETITIONER:
           JITHIN CHANDRAN, AGED 24 YEARS
           SON OF CHANDRAN, JITHIN BHAVAN,
           KARUVATTA P.O., KARUVATTA VILLAGE,
           KARTHIKAPPIILLY TALUK,
           ALAPPUZHA DISTRICT - 690517

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ


RESPONDENTS:
     1     THE VILLAGE OFFICER, KARUVATTA VILLAGE,
           ALAPPUZHA DISTRICT, PIN - 690517

    2     THE TAHASILDAR, KARTHIKAPPILLY TALUK,
          ALAPPUZHA DISTRICT, PIN - 690514

    3     THE DISTRICT COLLECTOR
          ALAPPUZHA, CIVIL STATION,
          ALAPPUZHA DISTRICT - 688001


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27219 OF 2023    : 2 :




                          JUDGMENT

Pursuant to the purchase of a property covered by

Ext.P1 sale deed, the petitioner took steps for its mutation.

However, mutation is not effected by the 1 st respondent on

the ground of pendency of the proceedings under the Kerala

Conservation of Paddy Land and Wetland Act, 2008

(hereinafter referred to as 'the Act' for short) against the

previous owner of the property, as evident from Ext.P3. The

petitioner has, therefore, approached the 3rd respondent with

Ext.P5 representation to effect mutation and to accept land

tax in respect of the said property.

2. The petitioner refers to a judgment of this Court in

W.P.(C) No.17672 of 2023 dated 08.06.2023, wherein this

Court has held that even if proceedings are pending in

respect of a land under the Act, the same cannot be a ground

to deny mutation, as mutation can be effected even in

respect of wetland and paddy land, conversion of which is

prohibited/regulated by the provisions of the Act.

3. In the light of the aforesaid judgment, there will be a

direction to the 1st respondent to consider the application of

the petitioner for mutation, in accordance with law and if the

application is otherwise in order. If mutation is effected,

land tax has to be accepted and receipt shall be issued to the

petitioner, clearly specifying the nature of the land and if

necessary, by making endorsement with regard to the

proceedings under the Act. The petitioner shall produce a

copy of the judgment in W.P.(C) No.17672 of 2023 along

with a certified copy of this judgment before the 1 st

respondent.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED OF PETITIONER DATED 1.3.2023 NO.497/2023 OF HARIPPAD SUB REGISTRAR OFFICE

Exhibit P2 TRUE PHOTOGRAPHS OF THE PROPERTY ALONG WITH THE WAY CLEANED BY THE PREVIOUS OWNER OF THE PROPERTY

Exhibit P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE FIRST RESPONDENT PASTED ON THE CONSPICUOUS PART OF THE PROPERTY DATED 12.7.2022

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER ISSUED BY THE AGRICULTURAL OFFICER, KARUVATTA PANCHAYATH

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 25.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT