Kerala High Court
Chachykutty Thomas vs State Of Kerala on 14 November, 2024
2024:KER:85877
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WP(C) No.17076 of 2020
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. 17076 OF 2020
PETITIONERS:
1 CHACHYKUTTY THOMAS, AGED 85 YEARS
KALLATH, MATHAI MANJOORAN ROAD, KOCHI-682 018.
2 THOMAS CHERIAN, KALLATH DEEPAM, MATHAI
MANJOORAN ROAD, KOCHI-682 018.
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, KOCHI-682 030.
3 THE REVENUE DIVISIONAL OFFICER
FORTKOCHI-682 001.
4 THE TAHSILDAR, KANAYANNUR TALUK, PARK AVENUE
ROAD, KOCHI-682011.
5 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, KRISHI BHAVAN,
VYTTILLA, ERNAKULAM-682 019.
SRIR.IYAL 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:
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WP(C) No.17076 of 2020
JUDGMENT
Dated this the 14th day of November, 2024
The writ petition is preferred alleging non
consideration of Ext.P1 application under Clause 6(2) of the
Kerala Land Utilisation Order.
2. The facts involved in this case is that the
petitioners purchased 3.84 Ares of property in Sy.No.1142/3
of Cheranellur Village. When the petitioners tried to construct
a building in the property, they came to know that their
property is included as 'Nilam' in the revenue records and
also in the Data Bank. Under such circumstances, the
petitioners preferred Exts.P2 and P2(a) applications before
the Local Level Monitoring Committee for removing the
property from the data bank.
3. On considering the said applications, as per
Exts.P3 and P3(a), the property of the petitioners has been
removed from the data bank. However, these incidents were
happened in the year 2018. In the meanwhile, the system of
converting the tenure of land has been changed. Due to the
introduction of the provisions of Section 27A of the Kerala
Conservation of Paddy Land and Wetland Act, 2008( for short
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'the Act, 2008'), the petitioners have to approach the
revenue authority to change the tenure of the land.
4. In that view of the matter, this writ petition can
be disposed of directing the petitioners to approach the
appropriate authority under Section 2(xvA) of the Act, 2008
by preferring Form-6 application for changing the term of the
property in revenue records in the light of Ext.P3 series
within a period of one week from the date of receipt of a
certified copy of this judgment.
5. On receipt of such application under Form-6, the
competent authority shall obtain sufficient reports/inputs
required under the Act, 2008 from the Village Officer
concerned, within a period of two months from the date of
receipt of the application. On receipt of the report from the
Village Officer concerned, the competent authority under the
Act, shall pass appropriate orders in Form-6 application,
within a further period of three months thereafter.
Accordingly, this writ petition is disposed of.
SD/-
P.M.MANOJ
JUDGE
das
2024:KER:85877
APPENDIX OF WP(C) 17076/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED
15.8.2016 SUBMITTED TO THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
10.8.2017 SUBMITTED TO THE 5TH
RESPONDENT BY THE IST PETITIONER.
EXHIBIT P2(A) TRUE COPY OF THE APPLICATION DATED
10.8.2017 SUBMITTED TO THE 5TH
RESPONDENT BY THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED
13.12.2018 OF THE 5TH RESPONDENT TO
THE IST PETITIONER.
EXHIBIT P3(A) TRUE COPY OF THE LETTER DATED
13.12.2018 OF THE 5TH RESPONDENT TO
THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
10.8.2020 SUBMITTED TO THE 4TH
RESPONDENT TO
