Kerala High Court
Rajan Palakkil Kaliyath vs State Of Kerala on 22 October, 2024
WP(C) NO. 32585 OF 2024 1 2024:KER:78313
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22nd DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 32585 OF 2024
PETITIONER:
RAJAN PALAKKIL KALIYATH, AGED 73 YEARS,
NEST, 33/2305 (NEW 48/1729), PC ROAD,
PONNURUNNI, POONITHURA VILLAGE, VYTTILA POST,
KANAYANNUR TALUK, ERNAKULAM, PIN - 682019
BY ADV C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETRARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM,
REP BY THE GOVERNMENT PLEADER,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 LAND REVENUE COMMISSIONER,
STATE OF KERALA, THIRUVANTHAPURAM, PIN - 695001
3 DISTRICT COLLECTOR, ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD, PIN - 682030
4 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
KOCHI, PIN - 682001
WP(C) NO. 32585 OF 2024 2 2024:KER:78313
5 VILLAGE OFFICER,
POONITHURA VILLAGE, VYTTILA,KOCHI, PIN - 682019
6 LOCAL LEVEL MONITORING COMMITTEE,
POONITHURA VILLAGE, REP BY THE SECRETARY,
AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA,
KOCHI, PIN - 682019
7 KOCHI MUNICIPAL CORPORATION,
REP BY THE SECRETARY, KOCHI, PIN - 682031
BY SRI. K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
BY SR.GOVERNMENT PLEADER SMT. PREETHA K.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 32585 OF 2024 3 2024:KER:78313
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 2.32 Ares of land comprised in Survey No.437 of
Kanayannur Taluk, in Poonithura Village in Ernakulam District, has
preferred Ext.P13 application under Form-6 of the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008, (for
short, the Act and the Rules) seeking change of user of the property
in the data bank.
2. The learned counsel for the petitioner submits that
no orders have been passed on the statutory application so far.
Accordingly, there will be a direction to the fifth
respondent Village Officer to give sufficient inputs required
under the Act and the Rules to the fourth respondent Revenue
Divisional Officer/Sub Collector or the officer authorised under
Section 2(XVA) of the Act, within one month from today. On
receipt of the same, the fourth respondent Revenue Divisional
WP(C) NO. 32585 OF 2024 4 2024:KER:78313
Officer/Sub Collector or authorised officer will consider Ext.P13
application within two months thereafter and pass orders strictly
in terms of the Act and the Rules.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 32585 OF 2024 5 2024:KER:78313
APPENDIX OF WP(C) 32585/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO.
1912/1/2000 OF MARADU SUB REGISTRY DATED
08.05.2000
Exhibit P2 TRUE COPY OF PAGES 1 AND 2 OF THE
PROPERTY TAX PASSBOOK ISSUED BY THE
COCHIN CORPORATION IN THE YEAR 1989
SHOWING THE ENDORSEMENT OF CHANGE OF
OWNERSHIP IN THE NAME OF THE PETITIONER
AND HIS WIFE MADE AFTER 8.5.2000
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL0702201893#022 DATED 7.72022 ISSUED BY
THE FIFTH RESPONDENT PERTAINING TO THE
PAYMENT OF TAX FOR THE YEAR 2022-2023
Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE
NO. 45345650 DATED 18.1.2020 PERTAINING
TO THE LAND BELONGING TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 16.1.2023
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT DTD
29.1.2024
Exhibit P7 TRUE COPY OF THE BUILDING TAX RECEIPT
PERTAINING TO THE PROPERTY DATED
7.1.2022
Exhibit P8 TRUE COPY OF THE LOCATION MAP DATED
WP(C) NO. 32585 OF 2024 6 2024:KER:78313
Exhibit P9 A TRUE COPY OF GO (ORD)4592/2017 DATED
31.10.2017
Exhibit P10(1) TRUE COPY OF THE NOTIFICATION DATED
25.2.2021 ISSUED WITH THE RELEVANT PAGE
OF THE DATA BANK SHOWING THE DETAILS OF
THE PROPERTY OF THE PETITIONER AND A
TABLE SHOWING THE DETAILS OF LANDS AND
NOTIFIED AND LANDS THAT COULD FALL UNDER
THE DEFINITION IN THE 10 VILLAGES OF THE
COCHIN CORPORATION
Exhibit P10(2) TRUE COPY OF THE NOTIFICATION DATED
25.2.2021 ISSUED WITH THE RELEVANT PAGE
OF THE DATA BANK SHOWING THE DETAILS OF
THE PROPERTY OF THE PETITIONER AND A
TABLE SHOWING THE DETAILS OF LANDS AND
NOTIFIED AND LANDS THAT COULD FALL UNDER
THE DEFINITION IN THE 10 VILLAGES OF THE
COCHIN CORPORATION
Exhibit P10(3) TRUE COPY OF THE NOTIFICATION DATED
25.2.2021 ISSUED WITH THE RELEVANT PAGE
OF THE DATA BANK SHOWING THE DETAILS OF
THE PROPERTY OF THE PETITIONER AND A
TABLE SHOWING THE DETAILS OF LANDS AND
NOTIFIED AND LANDS THAT COULD FALL UNDER
THE DEFINITION IN THE 10 VILLAGES OF THE
COCHIN CORPORATION
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED
21.3.2022 OF THE SECOND RESPONDENT
Exhibit P11(A) TYPED COPY OF P11 COMMUNICATION DATED
21.3.2022 OF THE SECOND RESPONDENT
Exhibit P12 TRUE COPY OF THE PHOTOGRAPHS OF THE
PROPERTY
WP(C) NO. 32585 OF 2024 7 2024:KER:78313
Exhibit P13 TRUE COPY OF THE FORM 6 APPLICATION
NO.1/2023/1007673 DATED 16.03.2023
// TRUE COPY //
P.A. TO JUDGE
