Kerala High Court
P.J.Paul vs Revenue Divisional Officer (Sub ... on 15 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 369 OF 2024
PETITIONER:
P.J. PAUL
AGED 80 YEARS
S/O. JOSEPH, RESIDING AT POOVATHINGAL HOUSE,
KURIACHIRA, THRISSUR,
PIN - 680 006.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
REVENUE DIVISIONAL OFFICE,
AYYANTHOLE, THRISSUR,
PIN - 680 003.
2 THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY,
ZONAL OFFICE, OLLUKKARA,
THRISSUR, PIN - 680 655.
3 THE VILLAGE OFFICER
OLLUKKARA VILLAGE OFFICE,
OLLUKKARA P.O., THRISSUR,
PIN - 680 655.
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, MANNUTHI P.O.,
THRISSUR, PIN - 680 651.
SRI. SANTHOSH P.PODUVAL - SC
SRI. RENJITH - SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.369 OF 2024
2
JUDGMENT
The petitioner along with his son is the owner of
an extent 17¼ cents of land in Sy.No.410/1 of
Ollukkara Village in Thrissur District. Since the
property was unnotified, the petitioner filed Form 6
application for change of nature of the land which
was allowed by Ext P8. However, the petitioner was
directed to pay an amount of Rs.14,85,704/- towards
conversion fees. The petitioner challenged the same
in W.P.(C) No.38942 of 2022 and this Court, finding
that the extent of land is less than 25 cents, set aside
Ext.P8 and directed the 1 st respondent to reconsider
the application of the petitioner for change of entries
in the revenue records, in accordance with law.
Pursuant thereto, the 1st respondent passed Ext.P14
order stating that the property of the petitioner in
Sy.No.410/1 is included in the Data Bank and the
WP(C).No.369 OF 2024
petitioner has to file an application in Form 5 under
the Kerala Conservation of Paddy Land and Wetland
Act, 2008 (for short, 'the Act'), to delete the land
from the Data Bank. The petitioner challenges
Ext.P14 contending that, after allowing Form 6
application, the 1st respondent cannot issue an order
in the nature of Ext.P14 requiring to file Form 5
application to remove the property from the Data
Bank.
2. Sri.Renjit, the learned Special Government
Pleader, on instructions from the Agricultural Officer,
submits that the property of the petitioner in
Sy.No.410/1 is not included in the Data Bank and
Ext.P14 happened to be issued since certain other
properties in the said survey number were included in
the Data Bank. The learned Special Government
Pleader also refers to Ext.P15 report, which shows
that the property of the petitioner is not included in
the Data Bank.
WP(C).No.369 OF 2024
3. In view of the above, Ext.P14
communication issued by the 1 st respondent is set
aside and there will be a direction to the 1 st
respondent to reconsider Form 6 application as
directed by this Court in Ext.P12 judgment, within a
period of one month from the date of receipt of a
copy of this judgment. Based on such order,
consequential orders have to be passed by the
Tahsildar (LR) concerned and the Village Officer in
terms of Section 27(C) of the Act.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.369 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE PATTA NO.530, DATED
13.5.1977.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT VIDE.,
NO.OLK 3-BA(210485)/2019 ISSUED BY THE
2ND RESPONDENT, DATED 27.7.2019.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.OLK-3-
BA/76/18-19 ISSUED BY THE 2ND RESPONDENT,
DATED 2.11.2021.
EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE
PRODUCED AT THE TIME OF APPLICATION FOR
BUILDING PERMIT, DATED 24.6.2019.
EXHIBIT P5 TRUE COPY OF THE FRESH POSSESSION
CERTIFICATE ISSUED BY THE 3RD RESPONDENT,
DATED 18.10.2021.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE
GAZETTE NOTIFICATION, DATED 22.1.2021.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.28065/2021 ON THE FILE OF THIS
HONORABLE COURT, DATED 15.12.2021.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.D8-277/2022
PASSED BY THE 1ST RESPONDENT, DATED
4.11.2022.
EXHIBIT P9 TRUE COPY OF THE SCHEDULE OF THE KERALA
CONSERVATION OF PADDY LAND & WETLAND ACT,
DATED -NIL-
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.38942/2022 ON THE FILE OF THIS
HONORABLE COURT, DATED 2.12.2022.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.3538/2023 ON THE FILE OF THIS
HONORABLE COURT, DATED 30.3.2023.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.38942/2022 ON THE FILE OF THIS
HONORABLE COURT, DATED 8.9.2023.
EXHIBIT P13 TRUE COPY OF THE COVERING LETTER SENT BY
THE PETITIONER TO THE 1ST RESPONDENT,
DATED 18.9.2023.
WP(C).No.369 OF 2024
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION NO.D8-277/
2022 ISSUED BY THE 1ST RESPONDENT, DATED
15.12.2023.
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION NO.OLA25
(II)/2022-23 ISSUED BY THE 4TH
RESPONDENT, DATED 17.6.2022.
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION NO.233/
2022 ISSUED BY THE 3RD RESPONDENT, DATED
6.4.2022.
RESPONDENTS EXHIBITS: NIL.
