Kerala High Court
Somasekharan Pillai vs The District Collector on 8 April, 2025
2025:KER:30668
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
TUESDAY, THE 8 DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 11244 OF 2025
PETITIONER/S:
SOMASEKHARAN PILLAI,
AGED 78 YEARS
S/O KESAVAN PILLAI, MALIYEKKAL, KULASEKHARAMANGALAM
VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -
686608
BY ADVS.
DR.V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
SHILPA P.S.
UNNIKRISHNAN H.
ASWIN P.S.
SHRIYA MERLIN MAXWELL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM
DISTRICT, PIN - 686030
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, K.B. JACOB ROAD,
FORT KOCHI, KOCHI, ERNAKULAM DISTRICT,
PIN - 682001
3 THE TAHSILDAR,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682011
W.P.C No.11244 of 2025
2
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4 THE VILLAGER OFFICER,
PUNITHURA VILLAGE, VYTTILA, ERNAKULAM DISTRICT, PIN
- 682019
5 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, CORPORATION OF KOCHI, VYTTILA, ERNAKULAM
DISTRICT, PIN - 682019
OTHER PRESENT:
Smt.Deepa.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No.11244 of 2025
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2025:KER:30668
JUDGMENT
The petitioner is the owner in possession and enjoyment of
the property having an extent of 13.36 Ares comprised in
Sy.No.1106/4-5 of Punithura Village. The said property was
obtained as per Ext.P1 Sale deed dated 01.06.1982. According to
the petitioner, the prior title document of the said property is a
partition deed executed in the year 1123 ME which is equivalent to
1948. It is a case of the petitioner that the aforesaid document
would indicate that, the property of the petitioner stood reclaimed
even prior to the year 1967, even though the same is described as
paddy land in the revenue records.
2. In such circumstances, to correct the said entry, the
petitioner submitted Ext.P13 application before the 2 nd respondent
in Form 9. Ext.P9 was submitted in view of the fact that the
property was initially included in the Data Bank and was removed
as per Ext.P12. The grievance of the petitioner is that, the
request made by the petitioner to consider the partition deed
executed in the year 1948, which is produced as Ext.P6 is not
being considered by the authorities concerned for deciding the
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Form 9 application submitted by the petitioner. It was in these
circumstances the petitioner approached this Court seeking the
following reliefs.
"(i) Declare that Exhibit P6 - partition deed bearing No.9761/1123
ME equivalent to the year 1948- showing that the land was
converted at the time of Exhibit P6, is sufficient for Exhibit
P13 Form No.9 application as provided under Rule 12(13) of
the Kerala Conservation of Paddy Land and Wetland Rules,
2009;
(ii) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the 4th
respondent Village Officer to submit report to the 2nd
respondent on Exhibit P13 application in Form No.9 at the
earliest and within a time frame;
(iii) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the 2nd
respondent to dispose of Exhibit P13 application in Form No.9
at the earliest and within a time frame;
(iv) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the 2nd
respondent to incorporate the change in type and nature of
petitioner's property covered by Exhibits P1 to P6 in all
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revenue records and reassess the property as provided
Section 6A under the Kerala Land Tax Act;
(v) Dispense with the productions of the translation of vernacular
documents; and
(vi) Pass such other orders as this Honourable Court deems fit and
necessary in the interest of justice and for proper and
effective adjudication of the case"
3. After hearing the learned counsel for the petitioner and
the learned Government Pleader, I find that there are some merits
in the contentions raised by the learned counsel for the petitioner.
The nature of the documents which can be relied on while
considering an application in Form 9 is specifically referred to in
Rule 13 of the Kerala Conservation of Paddy Land and Wetland
Rules. As per Rule 12 (13), a document containing a recital that
properties were used for non-agricultural purposes is relevant.
According to the petitioner, Ext.P6 document contains a recital to
that effect and the said document was executed prior to 1969 and
therefore it is relevant. Going by the statutory stipulations
contained in Rule 12 (13), the said contention has to be accepted.
Therefore, this would lead to a conclusion that while considering
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the application of the petitioner in Form 9, Ext.P6 document has
also to be considered, if it relates to the very same property.
In such circumstances, this writ petition is disposed of,
directing the 2nd respondent or the authorized officer under
Section 2(xvA) of the Kerala Conservation of Paddy Land and
Wetland Act, 2008 to pass orders on Ext.P13 application submitted
by the petitioner, after taking into account the title deeds of the
petitioner including Ext.P6. On perusal of the same, if it is found
that the said deed pertains to the property of the petitioner, and it
contains any recital which is helpful for the petitioner to take a
decision in favour of him, the same shall also be considered. A
decision in this regard shall be taken within a period of four
months from the date of receipt of a copy of this judgment, after
obtaining reports from the field officers concerned.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
2025:KER:30668
APPENDIX OF WP(C) 11244/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.2017/1982
DATED 1.6.1982 OF THE S.R.O., THRIPUNITHURA
Exhibit P2 TRUE COPY OF THE TAX RECEIPT
NO.KL07022012152/2023 DATED 18.7.2023
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 25.1.2024 ISSUED BY THE VILLAGE
OFFICER, PUNITHURA
Exhibit P4 TRUE COPY OF THE SITE PLAN DATED 14.2.2011
PREPARED BY THE 4TH RESPONDENT VILLAGE
OFFICER
Exhibit P5 CERTIFIED COPY OF THE PARTITION DEED NO.
989/1976 DATED 27.3.1976 ON THE FILE OF THE
S.R.O., ERNAKULAM WITH ITS TYPED (LEGIBLE)
COPY
Exhibit P6 CERTIFIED COPY OF THE PARTITION DEED DATED
23 DHANU 1123 BEARING NO.971/1123 ME OF THE
S.R.O., ERNAKULAM WITH ITS TYPED (LEGIBLE)
COPY
Exhibit P7 TRUE COPY OF THE DATA BANK
Exhibit P8 TRUE COPY OF THE FORM 5 APPLICATION DATED
18.1.2024
Exhibit P9 TRUE COPY OF THE PETITIONER'S APPLICATION
DATED 21.2.2024 WITH POSTAL RECEIPT DATED
21.2.2024 AND ACKNOWLEDGEMENT DATED
22.2.2024
Exhibit P10 THE PHOTOGRAPHS (4 IN NUMBER) SHOWING THE
TRUE STATE OF AFFAIRS OF THE PETITIONER'S
PROPERTY COVERED BY EXHIBIT P1 TO P6
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Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 1.4.2024 IN
W.P.(C) NO. 11704/2024 OF THIS HON'BLE COURT
Exhibit P12 TRUE COPY OF THE ORDER DATED 2.12.2024, FILE
NO.4100/24 OF THE 2ND RESPONDENT
Exhibit P13 TRUE COPY OF THE PETITIONER'S FORM NO.9
APPLICATION DATED 7.12.2024
Exhibit P14 TRUE COPY OF THE SKETCH IN RESPECT OF HIS
PROPERTY OF 13.21 ARE, PREPARED BY MR J
THOMAN, QUALIFIED LAND SURVEY COMPUTER
DRAFTSMAN
