Kerala High Court
Prakash Kumar. P vs Revenue Divisional Officer (Sub ... on 8 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 34249 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 34249 OF 2024
PETITIONER:
PRAKASH KUMAR. P
AGED 58 YEARS
S/O. LATE RAGHAVAN, PALLIYALIL HOUSE,
MANISSERY P.O., OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679 521
BY ADVS.
SRI.SANTHEEP ANKARATH
SRI.P.ANIRUDHAN
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101
2 TAHSILDAR (LAND RECORDS),
OTTAPALAM, TALUK OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101
3 VILLAGE OFFICER
OTTAPALAM II VILLAGE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101
SMT. DEEPA NARAYANAN. SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34249 OF 2024
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T.R.RAVI.J
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WP(C) N0.34249 of 2024
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Dated this the 08th day of January, 2025
JUDGMENT
The prayer in the writ petition is to quash
Ext.P8 and to direct the 2nd respondent to allow Ext.P6
application and change the classification of the
petitioner's 2 Ares of land in Sy.No.101/13 of
Ottappalam II Village covered by Ext.P1 revenue records
showing the same as garden land in place of 'kulam'.
2. The petitioner had purchased the land as per
Ext.P1 sale deed dated 11.07.2018 from one P.Sankaran.
The properties were originally lying as a pond and tax
was also not assessed. The predecessor-in-interest had
applied, in the year 2011 under the Malabar Land
Registration Act, for registering the properties in his
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name and for assessing tax since the properties had been
lying converted from time immemorial. Ext.P2 is the
proceedings issued by the 1st respondent. A reading of
Ext.P2 would show that even on the date of Ext.P2 ie,
31.10.2014, the property had been lying converted more
than 60 years back. It was also noted in the order that a
house which is almost 50 years old is situated in the
property. The order says that the 'pattayam' shows the
property as 'karabhoomi' and the neighboring owners
have given consent letters for conversion of the land.
The order further says that the Tahsildar has
recommended conversion, after taking into account all
the above aspects and the proceedings were issued
permitting the petitioner to pay tax. Tax was also being
accepted. It is too late in the day to contend that the
property still remains as a pond and unassessed. The
very act of assessment would show that the property is
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being treated as a garden land and not as an unassessed
pond. Ext.P2, which is a reasoned order, is not denied
by the respondents. In Ext.P3 dated 29.01.2018, the
Tahsildar has directed the Village Officer to take further
steps pursuant to Ext.P2 order and submit report. By
Ext.P4 dated 26.04.2018, the Sub Collector, Ottappalam
has categorized the property of the petitioner as
residential plot with road access and fixed the fair price
as Rs.3,75,000/-. The petitioner submits that even now
the revenue records show the property as 'kulam'. The
petitioner submitted an application for changing the
classification and this Court had directed the 2 nd
respondent to consider the same and pass orders within
a time frame.
3. The respondents have thereafter issued Ext.P8
order dated 26.07.2024, whereby the request has been
rejected. The reason stated is that under the Malabar
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Land Registration Act, 1895 all that could be done is to
assess an unassessed pond and it cannot amount to an
order approving a conversion. The Malabar Land
Registration Act, 1895 is a pre independence Act, which
deals with registration of proprietors of estates in
Malabar and Wayanad, subject to payment of revenue
direct to the Government. The estate has been defined in
the Act as any "land" which is subject matter either
now or prospectively to separate assessment to land-
revenue payable direct to the Government. The
registration provided is for estates and not for ponds,
which cannot be treated as land. Ext.P2 order specifically
says that even in the pattayam, the property is shown as
'karabhoomi' and not as pond. The reasoning in Ext.P8
is hence faulty and is not legally sustainable.
4. A counter affidavit has been filed by the 2 nd
respondent wherein it is stated that no orders have been
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issued by the Sub Collector, Ottappalam to change the
classification from 'kulam' to 'karabhoomi'. It is stated
in the counter that all that has been said was to change
the land from unassessed to assessed. The contention
stated in the counter affidavit is not legally sustainable.
Another aspect stated in the counter affidavit is that the
petitioner has to file an application under Section 27 of
the Kerala Conservation of Paddy and Wetland Act to
change the classification since the property is included in
the data bank. When the very inclusion of the property
in data bank cannot be justified having regard to the
facts stated in Ext.P2 which are facts stated after
physical verification of the property by a responsible
officer of the Government, there is no necessity to ask
the petitioner to again apply under Section 27 of the
Kerala Conservation of Paddy and Wetland Act. In the
light of the facts disclosed and admitted in orders issued
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by authorities under the Government, I am of the
opinion that the petitioner is entitled to succeed.
5. The writ petition is allowed. Ext.P8 is set
aside. The 2nd respondent is directed to allow Ext.P6
application and change the classification of the
petitioner's property covered by Ext.P1 from 'kulam' to
garden land. Necessary orders shall be issued within one
month from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
sn
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APPENDIX OF WP(C) 34249/2024
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF SALE DEED DATED 11.7.2018
REGISTERED AS DOC. NO. 2260/2018 OF OTTAPALAM
SRO.
EXHIBIT P 2 TRUE COPY OF ORDER NO. F-5236/12 DATED
31.10.2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P 3 TRUE COPY OF ORDER NO. B1-26659/12 DATED
29.1.2018 ISSUED BY THE 2ND RESPONDENT TO THE
3RD RESPONDENT.
EXHIBIT P 4 TRUE COPY OF ORDER NO. K-4783/2017 DATED
26.4.2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P 5 TRUE COPY OF THANDAPER ACCOUNT OF THE
PROPERTY OF THE PETITIONER AND DATED
10.8.2023 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P 6 TRUE COPY OF APPLICATION DATED 31.1.2024
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT
RECEIPT
EXHIBIT P 7 TRUE COPY JUDGMENT DATED 1.3.2024 IN WP(C)
NO. 7254 OF 2024 PASSED BY THIS HONOURABLE
COURT.
EXHIBIT P 8 TRUE COPY OF ORDER NO. TLKOTP/ 554/2024/ H3
DATED 26.7.2024 ISSUED BY THE 2ND RESPONDENT
( ALONG WITH ITS TYPED COPY )
RESPONDENTS' EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE RELEVANT EXTRACTS OF DATA
BANK REGISTER
