Kerala High Court
V. Sankunni vs The State Of Kerala on 3 September, 2024
2024:KER:67582
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO.42644 OF 2022
PETITIONER :-
V. SANKUNNI, AGED 62 YEARS
S/O KRISHNAN VENKITTATHODI HOUSE, KOTTUVADU DESOM,
PUZHAKKATTIRI P.O., MALAPPURAM
REPRESENTED BY POWER OF ATTORNEY HOLDER
MR. SREEKANTAN S/O MADHAVAN PILLAI AGED 55 YEARS,
RESIDING AT HARISREE HOUSE, KARIKDAKAM,
KADANNAMANNA P.O., MALAPPURAM.
BY ADV K.M.SATHYANATHA MENON
RESPONDENTS :-
THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
1 DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
THE AGRICULTURAL OFFICER
KRISHI BHAVAN, PUZHAKKATTIRI, MALAPPURAM,
2
PIN: 679 321.
THE LOCAL LEVEL MONITORING COMMITTEE
PUZHAKKATTIRI GRAMA PANCHAYAT,
REPRESENTED BY ITS CONVENER-AGRICULTURAL OFFICER,
3
KRISHI BHAVAN, PUZHAKKATTIRI,
MALAPPURAM DISTRICT, PIN - 673 642.
THE REVENUE DIVISIONAL OFFICER
4 PERINTHALMANNA MALAPPURAM, PIN: 679 322.
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WP(C) NO. 42644 OF 2022
-: 2 :-
SMT.DEVI SHRI R. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 42644 OF 2022
-: 3 :-
MOHAMMED NIAS C.P., J.
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W.P.(C) No.42644 of 2022
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Dated this the 3rd day of September, 2024
JUDGMENT
The petitioner challenges Ext.P6. The petitioner
submits that he is the owner in possession of 1.2 Ares of
property comprised in Survey No.82/3-4 and 3.15 Ares of
property comprised in Survey No.82/4-1 of Puzhakkattiri
Village, in Perinthalmanna Taluk, Malappuram District. It is
seen that the property comprised in Survey No.82/4-1 is not
included in the published data bank, Ext.P8. As far as the said
property is concerned, there is no requirement for the
petitioner to make any application under Form-5 of the Kerala
Conservation of Paddy Land and Wetland Act, 2008.
2. The prayer in the writ petition is to declare
that the property covered by Survey No.82/4-1 having an
extent of 3.15 Ares is not a paddy land or wet land as defined
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WP(C) NO. 42644 OF 2022
under the Act. In view of the non-inclusion of the said
property in the published data bank, the declaration as
prayed for by the petitioner with respect to Survey No.82/4-1
has to be allowed. With respect to property measuring 1.2
Ares in Survey No.82/3-4, it will be open for the petitioner to
file an application under Form-5 of the Kerala Conservation of
Paddy Land and Wetland Act, 2008, which shall be considered
by the fourth respondent, the Revenue Divisional Officer and
orders passed within three months, strictly in terms of the
Act, in case the petitioner makes an application within two
weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Jvt/5.9.2024
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WP(C) NO. 42644 OF 2022
APPENDIX OF WP(C) 42644/2022
PETITIONER EXHIBITS :-
TRUE COPY OF TAX RECEIPT DATED 09.03.2022 ISSUED
BY THE VILLAGE OFFICE, PUZHAKKATTIRI IN FAVOUR OF
Exhibit P1
THE PETITIONER.
TRUE COPY OF THE PROCEEDINGS NO.A. 718/2002 DATED
18.03.2001 OF THE REVENUE DIVISIONAL OFFICER,
Exhibit P2
PERINTHALMANNA.
TRUE COPY OF THE RELEVANT PAGED OF THE DATA BANK
Exhibit P3 OF PUZHAKKATTIRI GRAMA PANCHAYAT.
TRUE COPY OF RECEIPT DATED 14.08.2017 ISSUED BY
THE AGRICULTURAL OFFICER, PUZHAKKATTIRI GRAMA
Exhibit P4
PANCHAYAT TO THE PETITIONER.
TRUE COPY OF THE REPORT OF THE KSREC SUBMITTED
Exhibit P5 WITH THE AGRICULTURAL OFFICER, PUZHAKKATTIRI.
TRUE COPY OF THE COMMUNICATION ISSUED BY THE
AGRICULTURAL OFFICER PUZHAKATTIRI TO THE
Exhibit P6
PETITIONER DATED 24.02.2021.
TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND
Exhibit P7 RESPONDENT TO THE PETITIONER DATED 02/09/2022.
Exhibit P8 DATED 08.02.2021.
TRUE PHOTOGRAPHY OF THE PROPERTY.
Exhibit P9
RESPONDENT EXHIBITS :-
TRUE COPY OF EXHIBIT R2(a)
EXHIBIT R2(a)
