Kerala High Court
T.N.Theyyunni vs State Of Kerala on 15 November, 2024
2024:KER:86430
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WP(C) No.18651 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,
1946
WP(C) NO. 18651 OF 2020
PETITIONER:
T.N.THEYYUNNI, AGED 60 YEARS
S/O. NARAYANAN, THONNIKKARA HOUSE, CHERAYA,
PALAKKAD DISTRICT-678 631.
BY ADV T.V.NEEMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695
001.
2 REVENUE DIVISIONAL OFFICER
PALAKKAD, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
KERALA 678 001.
3 THE VILLAGE OFFICER
KONGAD, PALAKKAD DISTRICT-678 631.
SRI.RAJEEV JYOTHISH GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.18651 of 2020
JUDGMENT
Dated this the 15th day of November, 2024
The writ petition is preferred challenging Exts.P5
and P10 orders.
2. It is the case of the petitioner that in the year
2004 itself, the petitioner obtained an order under Kerala
Land Utilisation Order for the purpose of constructing a
building. It is further stated that due to financial constrains,
the petitioner could not affect any construction in the site.
Later, when he attempted to construct the building, Ext.P5
order was issued under Section 12(2)(b) of the Kerala
Conservation of Paddy Land and Wetland Act, 2008, (for
short 'the Act 28 of 2008') and thereafter, directed the
petitioner as per Ext.P10 order that if the property is
included in the data bank, the petitioner will have to
approach the appropriate authority under the relevant
provisions of the Act.
3. A counter affidavit has been filed by the 2 nd
respondent, wherein it is stated that though the petitioner
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obtained an order under the Kerala Land Utilisation Order in
the year 2004, he could not utilise the property till 2019 and
now the petitioner wants to construct a house within 5 cents
of his paddy field. However, the property is included in the
data bank, hence it is not permissible to utilise the order
granted under KLU Order. The remedy is to approach the
appropriate authority with proper application under the Act
28 of 2008.
4. Heard the learned counsel for the petitioner and
the learned Government Pleader.
5. Having regard to the facts and circumstances of
the case, it is apposite to direct the petitioner to approach
the appropriate authority under the provisions of the Act,
2008 for removal of the property from the data bank and
then he can take appropriate steps to effect the construction.
Accordingly, this writ petition is disposed of.
Sd/-
P.M.MANOJ
JUDGE
das
2024:KER:86430
APPENDIX OF WP(C) 18651/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
4.12.2019.
EXHIBIT P2 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER DATED 30.4.2019.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED
BY THE VILLAGE OFFICER DATED
2.12.2019.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT DATED 16.10.2004.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED
28.11.2019 OF THE VILLAGE OFFICER.
EXHIBIT P6 TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE REVENUE
DIVISIONAL OFFICER DATED 5.12.2019.
EXHIBIT P7 TRUE COPY OF THE SKETCH MAP ISSUED BY
THE VILLAGE OFFICE.
EXHIBIT P8 TRUE COPY OF THE LOCATION CERTIFICATE
ISSUED BY THE VILLAGE OFFICE.
EXHIBIT P9 TRUE COPY OF THE REQUEST DATED
15.6.2020 SUBMITTED BY THE PETITIONER
BEFORE THE AGRICULTURAL OFFICER.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED
18.8.2020 ISSUED BY THE REVENUE
DIVISIONAL OFFICER.
