Kerala High Court
Leela vs The Sate Of Kerala on 8 January, 2025
2025:KER:902
WPC.No.453/25 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO.453 OF 2025
PETITIONERS:
1 LEELA,
AGED 78 YEARS,
W/O.LATE DAMODARAN PILLAI, LAKSHMI VILASAM,
JAWAN CROSS ROAD, PONEKKARA, AIMS POST OFFICE,
ERNAKULAM, PIN - 682 041.
2 REKHA,
AGED 52 YEARS,
D/O.LATE DAMODARAN PILLAI, THUMMARUKUDY HOUSE,
VALAYANCHIRANGARA POST OFFICE, PERUMBHAVOOR,
ERNAKULAM, PIN - 683 550.
BY ADVS.
SHIBIN K.F.
JOHN T. SEBASTIAN
JOSEPH FRANCIS
ANEENA ROY
RESPONDENTS:
1 THE SATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
KERALA, ROOM NO. 202, NORTH SANDWICH BLOCK,
GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695 001.
2 THE REVENUE DIVISIONAL OFFICER,
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WPC.No.453/25 2
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
K.B JACOB ROAD, FORT KOCHI, HEAD POST OFFICE,
KOCHI,ERNAKULAM, PIN - 682 001.
3 THE VILLAGE OFFICER,
EDAPALLY NORTH VILLAGE OFFICE, PONEKKARA RD,
PONEKKARA, EDAPPALLY NORTH BRANCH POST OFFICE,
KOCHI, ERNAKULAM, KERALA, PIN - 682 024.
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, VYTLA, KOCHI CORPORATION VYTLA
SHOPPING COMPLEX, SA ROAD AND MAHAKAVI VAILOPPILLI
ROAD, VYTLA POST OFFICE, KOCHI, ERNAKULAM,
PIN - 682 019.
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY CHAIRMAN AND MAYOR OF KOCHI
MUNICIPAL CORPORATION, KOCHI MUNICIPAL HEAD OFFICE,
PARK AVE ROAD, MARINE DRIVE, ERNAKULAM HEAD POST
OFFICE, PIN - 682 011.
SMT.Amminikutty.K, Sr.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC.No.453/25 3
JUDGMENT
The petitioner has approached this Court, seeking the
following reliefs:
"(A) To issue a Writ of Certiorari or any other
appropriate Writ, Order or Judgment declaring that
the 16.38 Ares of land falling under Block No.207
Resurvey No.20 (Earlier Survey No.69/3A and
67/3C) in Edappally North Village in Kanayannur
Taluk in Ernakulam District is not paddy land as on
the date of the commencement of the Kerala
Conservation of Paddyland and Wetland Act, 2008
and the same ought to have not been included in
the Data Bank prepared under the Kerala
Conservation of Paddyland and Wetland Act, 2008
and
(B) To issue a Writ of Mandamus or any other
appropriate Writ, Direction, Order and/or Judgment
commanding the Respondents to remove the 16.38
Ares of land falling under Block No.207 Resurvey
No.20 (Earlier Survey No.69/3A and 67/3C) in
Edappally North Village in Kanayannur Taluk in
Ernakulam District from the Data Bank prepared
under the Kerala Conservation of Paddyland and
Wetland Act, 2008 without insisting any application
from the petitioner and
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(C) To pass and Order or Judgment declaring that
the petitioner can utilise the 16.38 Ares of land
falling under Block No.207 Resurvey No.20 (Earlier
Survey No.69/3A and 67/3C) in Edappally North
Village in Kanayannur Taluk in Ernakulam District
as 'Purayidam' (Dry Land) without any specific
order of conversion in view of the changes made in
the Exhibit-P10 Basic Tax Register and
(D) To dispense with the English translation of the
documents in vernacular language and
(E) To pass such other reliefs which this Honourable
Court may deem fit and proper to pass in the
interest of equity, justice and good conscious to the
humble petitioner herein."
2. The grievance of the petitioners is that, the property of
the petitioners which is not described as paddy land in the revenue
records, was included in the Data Bank prepared for the purpose
of Kerala Conservation of Paddy Land and Wetland Act, 2008. The
case of the petitioners is that, such inclusion is highly illegal and
therefore, the petitioners seek the reliefs stated above.
3. After hearing the learned counsel for the petitioners
and the learned Government Pleader, I am of the view that, the
petitioners have an alternate remedy to get the property removed
from the Data Bank by submitting an application in Form-5 read
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with Rule 4 (d) of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008. Even if the property was mistakenly
included in the Data Bank, the petitioners can submit an
application before the Revenue Divisional Officer concerned or the
authorized officer under Section 2(xvA) of the Kerala Conservation
of Paddy Land and Wetland Act, 2008, as per the provision
referred to above.
4. Besides, the challenge raised by the petitioners in this
writ petition against the Data Bank prepared, need not be
entertained by this court for yet another reason as well. The Data
Bank was published in the year 2020, which was finalized after
submitting a draft Data Bank. The petitioner has no case that the
petitioner has submitted any objection to the same at any point of
time.
5. In such circumstances, as the petitioner is having an
alternate remedy to get the property removed from the Data Bank
by submitting an application in Form-5, it is not necessary for this
Court to entertain this writ petition. This is particularly so, as the
issue to be decided involves a question of fact as well, which
requires the determination of the nature of the land of the
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petitioners.
Therefore, I do not find any scope for considering this writ
petition and accordingly, this writ petition is dismissed without
prejudice to the right of the petitioners to move the authorities
concerned by submitting an application in Form-5.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/8.1.25
2025:KER:902
APPENDIX OF WP(C) 453/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE DATA BANK, DATED 22-
02-2021, PUBLISHED BY THE 5TH RESPONDENT
Exhibit-P2 A TRUE COPY OF THE PARTITION DEED
NO.4825/1995, DATED 08-08-1995, IN THE
RECORDS OF THE EDAPPALLY SUB REGISTRY
OFFICE
Exhibit-P3 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 20-09-2001
Exhibit-P4 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 11-06-2015
Exhibit-P5 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 08-08-2016
Exhibit-P6 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 19-06-2017
Exhibit-P7 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 24-09-2018
Exhibit-P8 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 19-06-2019
Exhibit-P9 A TRUE COPY OF THE LAND TAX RECEIPT,
DATED 20-01-2023
Exhibit-P10 A TRUE COPY OF THE BASIC TAX REGISTER,
DATED 20-01-2023, PERTAINING TO THE
PETITIONERS' LAND
Exhibit-P11 A TRUE COPY OF THE TOWN SURVEY REGISTER,
DATED 14-11-2023, MAINTAINED AT THE
OFFICE OF THE ASSISTANT DIRECTOR OF
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SURVEY AND LAND RECORDS (RESURVEY),
THRIKKAKKARA
Exhibit-P12 THE PHOTOGRAPHS SHOWING THE NATURE OF THE
PETITIONERS' LAND AS ‘PURAYIDAM'
(DRY LAND)
