MATHEW.N.D v. STATE OF KERALA

BY G.P. SMT. DEVISREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 10111 OF 2023 3 JUDGMENT The petitioner is the owner of land having an extent of 6.41 Ares in Sy. No.49/32 (old Survey No.440/Pt) as per Ext.P1 sale deed and owns 28.23 Ares of property in Block No.68 Sy. No.49/11 (old survey No.440/Pt) obtained vide Ext.P2 sale deed. He is also the owner of the property having an extent of 1.42 Ares of land in old survey No.440/Pt in Kozhukully Village in Thrissur District obtained as per Ext.P3 settlement deed.

2. The petitioner states that the aforesaid properties are not included in the data bank. The petitioner filed Ext.P5 application in Form-6 of the Kerala Conservation of Paddy land and Wetlands Rules, 2008 before the 3rd respondent in respect of the property covered by Ext.P1 sale deed. Since the WP(C) No. 10111 OF 2023 4 properties covered by Exts.P2 and P3 exceed 50 cents of land, the petitioner submitted Ext.P6 application in Form 7. According to the petitioner, even though Form 6 and Form 7 applications were submitted separately, the 3rd respondent passed Ext.P9 consolidated order. Pursuant to Ext.P9, the Tahsildar (LR) made necessary corrections in the BTR and the properties of the petitioner were reclassified as ‘converted garden land’.

3. The grievance of the petitioner is that as per Ext.P9, he can construct a building having area up to 3000 square feet only. However, if the applications in Form 6 and Form 7 were considered separately, he will be eligible for construction of building with 3000 square feet area each. The petitioner states that since the properties are obtained by different sale deeds, he is entitled to get separate orders in respect WP(C) No. 10111 OF 2023 5 of Form 6 and Form 7 applications. The learned counsel for the petitioner refers to the decision of this Court in Marysadan APG Pvt.Ltd. v. Revenue Divisional Officer, Ernakulam and Others (2022 (6) KHC 50), in support of his contentions.

4. Paragraph 7 of the said judgment reads as follows:-

7. “Admittedly, the petitioner has purchased the lands by two different documents on different dates. Therefore, these two pieces of lands are to be treated as distinct. The fact that the lands are lying contiguously, cannot be a reason to treat the two pieces of land as one and to insist for a Form-7 application. It is also to be noted that the petitioner had purchased the land prior to

30.12.2017, when S.27A to 27C were inserted in the Kerala Conservation of Paddy Land and Wetland Act, 2008.”

5. Heard the learned counsel for the petitioner and the learned Government Pleader for the WP(C) No. 10111 OF 2023 6 respondents.

6. The learned counsel for the petitioner submits that the petitioner is confining his prayer for a direction to the 3rd respondent to issue separate orders on Exts.P5 and P6 applications. He further submits that he is not pressing for the direction sought against the 3rd respondent to refund the amount collected from him towards fees for change of nature of land in Ext.P5 Form 6 application. Since the petitioner has obtained the lands by three different documents on three different dates, he is entitled to get separate orders in respect of the applications preferred by him in Form 6 and Form 7. Therefore, there will be a direction to the 3rd respondent to issue separate orders on Exts.P5 and P6 applications permitting construction of building upto 3000 Sq.ft each in the respective properties. WP(C) No. 10111 OF 2023 7 For the said limited purpose, Ext.P9 order is set aside. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE al/- WP(C) No. 10111 OF 2023 8 APPENDIX OF WP(C) 10111/2023 PETITIONER EXHIBITS Exhibit1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 A COPY OF THE SALE DEED NO.1809/2017 DATED 06.10.2017 OF KUTTANELLUR SRO IN FAVOUR OF THE PETITIONER WITH RESPECT TO THE PROPERTY HAVING AN EXTENT OF 6.41 ARES. A COPY OF THE SALE DEED NO.2215/2003/I DATED 22.05.2003 OF KUTTANELLUR SRO OF THE PETITIONER HAVING AN EXTENT OF 28.23 ARES OF LAND. A COPY OF THE SETTLEMENT DEED NO.1949/1/2017 DATED 23.10.2017 OF KUTTANELLUR SRO. A COPY OF THE RELEVANT PAGES OF DATA BANK WITH RESPECT TO KOZHUKULLY VILLAGE IN THRISSUR DISTRICT PUBLISHED IN KERALA GAZETTE DATED 21.01.2021 A COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER DATED 2.8.2021 A TRUE COPY OF THE FORM 7 APPLICATION SUBMITTED BY THE PETITIONER DATED 02.08.2021 A COPY OF THE COVERING LETTER OF THE VILLAGE OFFICER FORWARDING THE SKETCH, MAHAZAR AND ENQUIRY REPORT TO THE RDO WITH RESPECT TO FORM 6 APPLICATION WITH NO.D1-12198/2021 DATED 25.08.2021 WP(C) No. 10111 OF 2023 9 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 A COPY OF THE COVERING LETTER OF THE VILLAGE OFFICER FORWARDING THE SKETCH, MAHAZAR AND ENQUIRY REPORT TO THE RDO WITH RESPECT TO FORM 7 APPLICATION WITH NO.D1-12199/2021 DATED 25.08.2021 A COPY OF THE ORDER NO.D1- 12198/2021/SPL DATED 13.12.2021 ALONG WITH SKETCH A COPY OF THE ORDER NO.B10- 29396/2021 DATED 08.07.2022 OF THE TAHSILDAR (LAND RECORDS) A COPY OF THE BASIC TAX REGISTER WITH RESPECT TO THE PROPERTY WITH SURVEY NO.49/32 AND 49/36 (OLD SURVEY NO.440/PT) A COPY OF THE BASIC TAX REGISTER WITH RESPECT TO THE PROPERTY WITH SURVEY NO.49/11 AND 49/35 (OLD SURVEY NO.440/PT)