Kerala High Court
Jose Antony vs State Of Kerala on 24 October, 2024
WP(C) NO. 40533 OF 2023 1 2024:KER:79371
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 24th DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 40533 OF 2023
PETITIONERS:
JOSE ANTONY, AGED 59 YEARS,
S/O K.T. ANTONY,RESIDING AT
KANIKATHOTTU(MAPPILATHAZHE) HOUSE, CHENGALAM EAST
1
VILLAGE, CHENGALAM EAST P.O., KOTTAYAM DISTRICT,
PIN - 686583
JAISY JOSE, AGED 56 YEARS,
RESIDING AT KANIKATHOTTU (MAPPILATHAZHE) HOUSE,
2 CHENGALAM EAST VILLAGE, CHENGALAM EAST P.O.,
KOTTAYAM DISTRICT,W/O JOSE ANTONY, PIN - 686583
ANGEL THERESA JOSE, AGED 24 YEARS,
D/O JOSE ANTONY,RESIDING AT KANIKATHOTTU
(MAPPILATHAZHE) HOUSE,CHENGALAM EAST
3
VILLAGE,CHENGALAM EAST P.O., KOTTAYAM DISTRICT,
PIN - 686583
BELLA ELSA JOSE, AGED 22 YEARS
D/O JOSE ANTONY,RESIDING AT KANIKATHOTTU
(MAPPILATHAZHE) HOUSE,CHENGALAM EAST
4
VILLAGE,CHENGALAM EAST P.O.,KOTTAYAM DISTRICT,
PIN - 686583
5 BLISS MARIA JOSE, AGED 20 YEARS
D/O JOSE ANTONY,RESIDING AT KANIKATHOTTU
WP(C) NO. 40533 OF 2023 2 2024:KER:79371
(MAPPILATHAZHE) HOUSE,CHENGALAM EAST
VILLAGE,CHENGALAM EAST P.O., KOTTAYAM DISTRICT,
PIN - 686583
BY ADVS. GODWIN JOSEPH
ANANDU RAJEEV
ARUN BABU B.
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
1
SECRETARIAT P.O., THIRUVANANTHAPURAM,
PIN - 695001
REVENUE DIVISIONAL OFFICER,
KOTTAYAM, 2ND FLOOR,MINI CIVIL STATION,
2
UNION CLUB ROAD,PUTHENGADY,KOTTAYAM, PIN - 686001
THE TAHSILDAR (LR),
CHANGANASSERY TALUK,CHANAGANASSERY TALUK
3
OFFICE,KOTTAYAM DISTRICT, PIN - 686101
THE VILLAGE OFFICER,
VAZHAPPALLY EAST VILLAGE OFFICE,VAZHAPPALLY
4 MAHADEVA TEMPLE ROAD, VAZHAPPALLY,
CHANGANASSERY,KOTTAYAM DISTRICT, PIN - 686103
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40533 OF 2023 3 2024:KER:79371
JUDGMENT
The petitioner is stated to be the owner of land having
74.80 Ares comprised in Re.Sy. Nos.1/1/4, 1/1/2, 1/10, 1/11, 1/3,
1/8, 1/1/3, 1/1/1, 1/6, 1/9 and 1/7 in Block No.94 of Vazhappally
East Village.
2. Petitioner had preferred application under Clause 6 of
the Kerala Land Utilization Order in respect of the property in
question, based on which the second respondent had issued orders
permitting the use of 70.47 Ares which was earlier classified as
"Nilam" in the Revenue Records for non-agricultural purpose as per
Ext.P2 order dated 14.05.2018. It is also found that the petitioner's
property does not come under the purview of the Kerala
Conservation of Paddy Land and Wetland Act and there is no
impediment to using the same for non-agricultural purposes.
3. Petitioner is aggrieved by the entry in Ext.P3 order by
WP(C) NO. 40533 OF 2023 4 2024:KER:79371
the Tahsildar (Land Records), dated 04.0502021 making entries
about the property in the revenue records as "converted dry land".
The petitioner seeks a direction to quash Ext.P3 to the extent it
directed re-classification of the petitioner's land as "converted dry
land". The learned counsel for the petitioner submits that his case
is covered in his favour by Exts.P6 and P7 judgments wherein this
court by relying on the earlier judgments of this Court in District
Collector, Ernakulam and others v Fr. Jose Uppani and Others
[2020 (4) KLT 612] and in Iype Varghese v. Revenue Divisional
Officer, Idukki and others [2020 (5) KLT 403] found that
appropriate steps have to be taken for correction of the
entry/alteration of the revenue records by entering the property as
garden land/dry land/purayidom instead of "converted dry land".
4. The learned Government Pleader submits that an
amendment has been brought in the year 2022 to Rule 13(3) of the
Kerala Conservation of Paddy Land and Wetland Act and Rules as
per which the respondents were empowered to enter to make an
WP(C) NO. 40533 OF 2023 5 2024:KER:79371
entry as "converted dry land". Since the said amendment came into
effect only on 07.12.2022, long after the petitioner obtained Ext.P3
order on 04.05.2021, the said amendment will have no retrospective
effect to bind the petitioner.
5. Accordingly, Ext.P3 in so far as it classifies the
petitioner's land as "converted dry land" is quashed and there will
be a direction to the third respondent to take such steps for
correction of the entry/alteration in the revenue records by
entering the property as "garden land/dry land/purayidom"
instead of "converted dry land". It shall be done within two months
from the date of receipt of a copy of this judgment.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 40533 OF 2023 6 2024:KER:79371
APPENDIX OF WP(C) 40533/2023
PETITIONERS' EXHIBITS
A TRUE COPY OF THE JUDGMENT DATED
09.03.2018 IN W.P.(C) NO. 5309/2018 OF
Exhibit P1
THIS HON'BLE COURT
A TRUE COPY OF THE ORDER NO. B-
1968/2018/K.DIS DATED 14.05.2018 ISSUED
Exhibit P2
BY THE 2ND RESPONDENT
A TRUE COPY OF THE ORDER NO. B7-8539/19
DATED 04.05.2021 ISSUED BY THE 3RD
Exhibit P3
RESPONDENT
A TRUE COPY OF THE TAX RECEIPT NOS.
KL05011204083/2023 DATED 10.08.2023
Exhibit P4 ISSUED FROM OFFICE OF THE 4TH RESPONDENT
TO THE PETITIONER 1
A TRUE COPY OF THE TAX RECEIPT NOS.
KL05011204082/2023 DATED 10.08.2023
Exhibit P4(a) ISSUED FROM OFFICE OF THE 4TH RESPONDENT
TO THE PETITIONER 2
A TRUE COPY OF THE TAX RECEIPT NOS.
KL05011204081/2023 DATED 10.08.2023
Exhibit P4(b) ISSUED FROM OFFICE OF THE 4TH RESPONDENT
TO THE PETITIONER 3
A TRUE COPY OF THE TAX RECEIPT NOS.
KL05011204080/2023 DATED 10.08.2023
Exhibit P4(c) ISSUED FROM OFFICE OF THE 4TH RESPONDENT
TO THE PETITIONER 4
Exhibit P4(d) A TRUE COPY OF THE TAX RECEIPT NOS.
WP(C) NO. 40533 OF 2023 7 2024:KER:79371
KL05011204079/2023 DATED 10.08.2023
ISSUED FROM OFFICE OF THE 4TH RESPONDENT
TO THE PETITIONER 5
A TRUE COPY OF THE RELEVANT PAGES OF THE
KERALA CONSERVATION OF PADDY AND WETLAND
Exhibit P5
RULES, 2008
A TRUE COPY OF THE JUDGMENT DATED
04.04.2022 IN W.P.(C) NO. 10105/2022 OF
Exhibit P6
THIS HON'BLE COURT
TRUE COPY OF THE JUDGMENT DATED DATED
22.06.2022 IN W.P.(C) NO. 19895/2022 OF
Exhibit P7
THIS HON'BLE COURT
A TRUE COPY OF THE REPRESENTATION DATED
10.08.2023 SUBMITTED BY THE PETITIONERS
Exhibit P8
TO THE 3RD RESPONDENT
A TRUE COPY OF THE RECEIPT NOS.
2095/23/B7 DATED 10.08.2023 ISSUED FROM
Exhibit P9
THE OFFICE OF THE RESPONDENT 3
A TRUE COPY OF THE RECEIPT NOS. 385/2023
DATED 10.08.2023 ISSUED FROM THE OFFICE
OF THE RESPONDENT 4
Exhibit P9(a)
// TRUE COPY //
P.A. TO JUDGE
