Kerala High Court
George G Muricken vs The District Collector on 6 November, 2024
WP(C) No.16495 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
WP(C) NO. 16495 OF 2020
PETITIONER:
1 GEORGE G MURICKEN
AGED 55 YEARS
S/O.C.V.GEORGE MURICKEN,
MURICKEN HOUSE, KADATHURUTHY, KOTTAYAM.
2 JOLLY MATHEW,
W/O.GEORGE G. MURICKEN, MURICKEN HOUSE,
KADATHURUTHY, KOTTAYAM.
BY ADVS.
Lakshmi Narayan R.
SMT.DHANUJA M.S
R.RANJANIE(K/624/1993)
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM-686002.
2 THE REVENUE DIVISIONAL OFFICER,
PALA, KOTTAYAM DISTRICT-686575.
3 THE TAHSILDAR,
TALUK OFFICE, VAIKOM,
KOTTAYAM DISTRICT-686141.
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, KADUTHURUTHY,
KOTTAYAM DISTRICT-686604.
WP(C) No.16495 of 2020
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5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KADUTHURUTHY,
KOTTAYAM DISTRICT-686604.
OTHER PRESENT:
SRI.RAJEEV GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.16495 of 2020
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JUDGMENT
Dated this the 6th day of November, 2024
The petitioners approached this Court seeking a direction to
the respondents to treat the property owned by the petitioners as
'purayidom' and also directing the respondents to effect necessary
changes in the revenue records.
2. It is the case of the petitioners that as per Exts.P1 to P3,
they obtained 31.45 Ares of land. The properties are lying
contiguously, however, some properties involved in this case are
included in the Data Bank. Under such circumstances, the
petitioners seek for a direction to treat the nature of the properties
as purayidom and also change the nature of properties in the
revenue records as purayidom.
3. The learned Government Pleader, on instructions,
submitted that though the photographs produced in the writ
petition as Exts.P5 to P7 appear to be garden land and on the
instructions provided, it appears to be paddy land. It is also stated
that the properties are included in the Data Bank. Under such
circumstances, it is not possible to change the tenure of the land.
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4. Per contra to the submissions made by the learned
Government Pleader, the learned counsel for the petitioners
submitted that the properties are not paddy lands, wrongly
included in the Data Bank, and they are ready to prefer an
application under Form-5 to remove them from the Data Bank.
5. Accordingly, there will be a direction to the petitioners
to approach the 2nd respondent or the Designated Officer under
Section 2(XVA) of the Kerala Conservation of Paddy Land and
Wetland Act, by preferring Form-5 application for removing the
properties from Data Bank. On receipt of such application, the 5 th
respondent shall forward a report to the 2nd respondent or the
Designated Officer within a period of two months. On receipt of
such a report, the 2nd respondent or the Designated Officer shall
consider and pass appropriate orders in Form-5 within a further
period of three months.
Accordingly, the writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sss
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APPENDIX OF WP(C) 16495/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED
11.12.2014.
EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED
29.3.2005.
EXHIBIT P3 TRUE COPY OF THE SALE DEED DATED
10.2.2006.
EXHIBIT P4 TRUE COPY OF THE SKETCH REVEALING THE LIE
OF THE PROPERTIES COMPRISED IN EXTS.P1 TO
P3.
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH.
EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPH.
EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH.
EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPH.
EXHIBIT P9 TRUE COPY OF THE DATA BANK PREPARED BY
THE AGRICULTURAL OFFICER.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
3.7.2017 FILED BY THE 2ND PETITIONER
BEFORE THE AGRICULTURAL OFFICER.
EXHIBIT P11 TRUE COPY OF THE TAX RECEIPT DATED
16.3.2020.
EXHIBIT P12 TRUE COPY OF THE TAX RECEIPT DATED
27.6.2018.
