Allowed

Thangamma v. the Revenue Divisional Officer (R.D.O.)

Kerala HC25 Aug 2022WP(C)/20530/2022

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Tahsildar to make necessary changes in Revenue records to reflect the petitioner’s unnotified land as non-paddy, relying on the Sub Collector’s prior order allowing a Form-6 application under Kerala Conservation of Paddy Land and Wetland Rules, 2008.

What did the court decide?

Directed the 3rd respondent (Tahsildar) to make necessary changes in the Revenue records as directed in the order dated 22.02.2021 of the Sub Collector, within three months.

Thangamma Vs the Revenue Divisional Officer (R.D.O.) — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 20530 OF 2022

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PETITIONER:

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THANGAMMA

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AGED 68 YEARS

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W/O.EDMOND, NALKARA HOUSE, THOTTAKATTUKARA P.O., ALUVA,
ERNAKULAM DISTRICT - 683 108.

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BY ADV SHANAVAZ P.A.

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER (R.D.O.) FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682 001.

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2 THE DISTRICT COLLECTOR

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ERNAKULAM DISTRICT, PIN - 682 030.

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3 THE THAHSILDAR PARAUR TALUK, ERNAKULAM DISTRICT - 683 513.

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4 THE VILLAGE OFFICER

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ALANGAD VILLAGE, ERNAKULAM DISTRICT, PIN - 683 511.

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SRI.SYAMANTHAK B.S- GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.20530 OF 2022

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JUDGMENT

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Dated this the 25^th day of August 2022

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The petitioner is owner of 5.87 Ares of property in Survey

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No.414/1-1 in Alangad Village, Paravur Taluk of Ernakulam District.

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The petitioner submitted an application under Form-6 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, seeking to change the nature of her land in Revenue records. According to the petitioner, her land is not

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a paddy land but in Revenue records, the land is described as ‘paddy land’.

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The petitioner approached this Court seeking to direct the 1^st respondent to dispose of Form-6 application of the petitioner received in the office of the 1^st respondent as per File No.313995/20, to change the nature of the unnotified land.

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Government Pleader filed a Memo in the writ petition producing order dated 22.02.2021 of the Sub Collector, Fort Kochi. By the said order, the petitioner’s Form-6

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WP(C) NO.20530 OF 2022

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application stands allowed. In view of the said order, the prayer of the petitioner stands met.

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The petitioner, however, submits that now pursuant

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to the order passed on his Form-6 application, the Tashsildar has to make necessary entries in the Revenue records. The Tahsildar may be directed to effect necessary entries accordingly.

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It can be seen from the order dated 22.02.2021 of the Sub Collector that the Revenue Divisional Officer has instructed the Tahsildar to issue necessary orders making necessary changes/entries in the Revenue records.

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In view of the above, the writ petition is disposed of directing the 3^rd respondent-Tahsildar (LR) to make necessary changes in the Revenue records as directed in the order dated 22.02.2021 of the Sub Collector, Fort Kochi.

sd/-

N.NAGARESH JUDGE

hmh

WP(C) NO.20530 OF 2022

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The following line “The 3^rd respondent shall make

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necessary changes in the Revenue records as directed above, within a period of three months” is added at the end of the judgment dated 25.08.2022 in W.P.(C) No.20530 of 2022 as per the order dated 20.10.2022 in R.P. No.937 of 2022 in

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W.P.(C) No.20530 of 2022.

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Joint Registrar

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WP(C) NO.20530 OF 2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE LAND TAX RECEIPT DATED
13/06/2022 ISSUED BY THE FOURTH
RESPONDENT.
Exhibit P2TRUE COPY OF THE TREASURY CHALLAN DATED
15/12/2019 OF THE PETITIONER HAVING
REMITTED RS.1000 TOWARDS APPLICATION
FEE FOR CHANGE OF NATURE HER UNNOTIFIED
LAND.
Exhibit P3ACKNOWLEDGEMENT DATED 03/01/2020 ISSUED
BY THE FIRST RESPONDENT ON RECEIPT OF
THE APPLICATION IN FILE NO.313995/20
FROM THE PETITIONER.
Exhibit P4TRUE COPY OF THE DEMAND NOTICE NO.K4-
1325/20 DATED 21/07/2020 ISSUED BY THE
FIRST RESPONDENT TO THE PETITIONER TO
REMIT AN AMOUNT OF RS.234800.00.
Exhibit P5TRUE COPY OF THE TREASURY CHALLAN DATED
15/01/2022 OF THE PETITIONER HAVING
REMITTED RS.234800.00 TOWARDS THE FEE
FOR CHANGE OF NATURE OF HER UNNOTIFIED
LAND.

Thangamma v. the Revenue Divisional Officer (R.D.O.)

Case brief

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Thangamma v. the Revenue Divisional Officer (R.D.O.)

Case brief

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