Kerala High Court
Rajendran Keezhedath Nair vs State Of Kerala on 14 November, 2024
2024:KER:85950
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
WP(C) NO. 20920 OF 2020
PETITIONER:
RAJENDRAN KEEZHEDATH NAIR
AGED 27 YEARS
GAYATHRI, THIRUTHIYAD, PUTHIYARA P.O, KOZHIKODE
REPRESENTED BY POWER OF ATTORNEY HOLDER
SHARAN RAJENDRAN NAIR, AGED 27 YEARS,
SON OF RAJENDRAN, KEEZHEDATH NAIR,
RESIDING AT E-15, LINK HEIGHTS,
PANAMPILLY NAGAR, KANAYANNUR TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
K.P.SANTHI
SMT.TARA PREM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM 682 030
3 THE REVENUE DIVISIONAL OFFICER
FORTKOCHI, ERNAKULAM 682 001
4 THE TAHSILDAR,
KANAYANNUR TALUK, PARK AVENUE ROAD, ERNAKULAM,
KOCHI 682 011
5 THE LOCL LEVEL MONITORING COMMITTEE,
KRISHI BHAVAN, VYYTTILA 682 030
REPRESENTED BY ITS CONVENER.
W.P. (C) No.20920 of 2020
2
2024:KER:85950
6 KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE
STATE GOVERNMENT OFFICE IN THIRUVANANTHAPURAM,
KEERALA , 1ST FLOOR, VIKAS BHAVAN,
NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, KERALA 695 033
OTHER PRESENT:
SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P. (C) No.20920 of 2020
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P.M. MANOJ, J
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W.P.(C) No.20920 of 2020
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Dated this the 14th day of November, 2024
JUDGMENT
The writ petition is preferred being aggrieved by the
delay in considering and passing appropriate orders on
Exts.P4, P5 and P6. It is the case of the petitioner that the
petitioner is the owner and title holder on possession and
enjoyment of 3.24 Ares of land in Survey No.2390/1 of
Ernakulam Village of Kanayannur Taluk in Ernakulam
District.
2. It is further stated that there is a building on the
property with water and electric connection, and the
building tax is being paid by the owner. Even then, the
property was included in the draft data bank as converted
dry land. It is the case of the petitioner that the building
was in existence, much prior to 04.07.1967 and the tax is
being paid to the building. This is the circumstance in
which the petitioner has preferred Form-9 application for
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changing the tenure of land in the revenue records, which is
recorded as converted dry land in Ext.P3. Therefore, the
petitioner has also preferred Ext.P6 Form-5 application. Till
this date, both these applications have not been
considered.
3. Per contra, the learned Government Pleader, on
instructions, submitted that after introduction of new
system, only online applications will be considered.
Therefore, the petitioner will have to approach the authority
by preferring Form-5 application for removing the property
from data bank. In the event of removing property from the
data bank, the petitioner has to prefer either Form-6
application or Form-9 application.
4. On submissions made across the Bar, I feel it
appropriate to dispose of this writ petition with the following
directions to the petitioner as well as the 3rd respondent:
(1) The petitioner shall submit an application in Form-5 to
remove the property from Ext.P3 data bank within a period
of two weeks from the date of receipt of a copy of the
judgment.
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(2) In the event of receipt of Form-5 application, the
3rd respondent or the designated officer under Section
2(xvA) of the Kerala Conservation of Paddy Land and
Wetland Act, shall obtain a report from the 5 th respondent
with respect to the nature of the property.
(3) On receipt of such report from the 5 th respondent, the
3rd respondent or the designated officer shall consider and
pass appropriate orders on Form-5 application.
(4) In the event of passing favourable order, on considering
the nature of the land as submitted by the petitioner that it
was converted much prior to 04.07.1967 as well as there is
an existing building in the property, the petitioner is being
paid the building tax for the said building, pass appropriate
orders in case the petitioner is prefer Form-9 application
after obtaining report from the Village Officer concerned.
(5) In the event, the petitioner filing Form-6 application,
the Village Officer shall furnish a report to the 3 rd
respondent or the designated officer within a period of two
months from the date of receipt of the Form-6 application.
(6) In the event of receipt of report from the Village Officer,
the 3rd respondent or the designated officer shall consider
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and pass appropriate orders within a period of three
months from the date of such report.
The writ petition is disposed of as above.
Sd/-
P.M. MANOJ
JUDGE
SSS
2024:KER:85950
APPENDIX OF WP(C) 20920/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 3410/2012
OF S.R.O, ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO. 2323/1957
OF S.R.O ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
25-07-2020 SUBMITTED TO THE 4TH
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 17-
07-2020 UNDER FORM NO. 9 OF ACT 28 OF
2008 SUBMITTED BEFORE THE 3RD
RESPONDENT
EXHIBIT P6 TRUE COPY OF FORM NO. 5 SUBMITTED TO
THE 5TH RESPONDENT.
