Abdul Rab V vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 29, 2022

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Citation: sooperkanoon.com/1577539
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Nov 29, 2022
Case Number: WP(C)/37196/2022

Parties & Advocates

Appellant / Petitioner

Abdul Rab V

Respondent

State of Kerala

Excerpt

.....grievance of the petitioner is that in spite of ext.p1order permitting to change the nature of his land in revenuerecords, the tahsildar concerned is not taking consequential steps. the petitioner therefore submitted ext.p2 representation before the tahsildar. in spite of ext.p2, no steps have been taken by the tahsildar, contends the counsel for the petitioner.4. i have heard the learned counsel for the petitioner and the learned senior government pleader representing the respondents.5. going through the pleadings, it is evident that therevenue divisional officer has passed ext.p1 order dated 20.07.2022 ordering that the nature of the land possessed by the petitioner be changed in the revenue records. ext.p1 contains a further direction to the tahsildar to take consequential steps. the grievance of the petitioner is that the tahsildar has not taken steps to effect necessary entries in the btr and revenue records. in view of the direction given by the revenue divisional officer in ext.p1, the tahsildar is bound to take action. accordingly, the writ petition is disposed of directing the 4th respondent-tahsildar to take necessary steps consequent to ext.p1 and make necessary changes / entries in the revenue records, in respect of the petitioner's land. this shall be done within a period of one month. sd/- n. nagaresh judge sss appendix of wp(c) 37196/2022 petitioner's exhibits exhibit p1 a copy of order no.b3/13275/2021 dated 20.07.2022 of the 3rd respondent. exhibit p2 a copy of the petition submitted by the petitioner before the 4th respondent dated 14.10.2022. exhibit p2 (a) a copy of the acknowledgment cared of ext.p2.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944 WP(C) NO. 37196 OF 2022 PETITIONER: ABDUL RAB V AGED 46 YEARS S/O.CHEKKU, VATTEKKATTU HOUSE, POOKKARTHARA, KOLALAMBU.P.O., MALAPPURAM DISTRICT - 679576. BY ADV. AVANEESH KOYIKKARA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BYITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DISTRICT COLLECTOR, THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINE RD, KALYAN NAGAR, AYYANTHOLE, THRISSSUR-680003. 3 REVENUE DIVISIONAL OFFICER, THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINE RD, KALYAN NAGAR, AYYANTHOLE, THRISSSUR-680003. 4 TAHSILDAR (LAND RECORDS), TALUK OFFICE, KUNNAMKULAM, KUNNAMKULAM.P.O., THRISSSUR-680503. 5 VILLAGE OFFICER, VILLAGE OFFICE, KARIKKAD, PAZHANJI ROAD, KARIKKAD, THRISSUR-680519. BY.SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 29th day of November, 2022 The petitioner holds 3.04 Ares of land comprised in Survey No.234/4-11-2 of Karikkad Village in Thrissur District.

2. The land is described as paddy land in Revenue

records. The petitioner wanted to use the land for other purposes and hence submitted an application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to change the nature of the land. The Revenue Divisional

Officer, who considered the application, passed Ext.P1 order

dated 20.07.2022 in favour of the petitioner.

3. The grievance of the petitioner is that in spite of Ext.P1

order permitting to change the nature of his land in Revenue

records, the Tahsildar concerned is not taking consequential steps. The petitioner therefore submitted Ext.P2 representation before the Tahsildar. In spite of Ext.P2, no steps have been taken by the Tahsildar, contends the counsel for the petitioner.

4. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

5. Going through the pleadings, it is evident that the

Revenue Divisional Officer has passed Ext.P1 order dated 20.07.2022 ordering that the nature of the land possessed by the petitioner be changed in the Revenue records. Ext.P1 contains a further direction to the Tahsildar to take consequential steps. The grievance of the petitioner is that the Tahsildar has not taken steps to effect necessary entries in the BTR and Revenue records. In view of the direction given by the Revenue Divisional Officer in Ext.P1, the Tahsildar is bound to take action. Accordingly, the writ petition is disposed of directing the 4th respondent-Tahsildar to take necessary steps consequent to Ext.P1 and make necessary changes / entries in the Revenue records, in respect of the petitioner's land. This shall be done within a period of one month. Sd/- N. NAGARESH JUDGE sss APPENDIX OF WP(C) 37196/2022 PETITIONER'S EXHIBITS EXHIBIT P1 A COPY OF ORDER NO.B3/13275/2021 DATED 20.07.2022 OF THE 3RD RESPONDENT. EXHIBIT P2 A COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 14.10.2022. EXHIBIT P2 (A) A COPY OF THE ACKNOWLEDGMENT CARED OF EXT.P2.

Same Court & Year Kerala · 2022 Same Parties Abdul Rab V vs State of Kerala Same Judge Honourable Mr.Justice N.Nagaresh