Devaki v. The State Of Kerala & Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 WP(C).No. 25743 of 2010 (P) ----------------------------------------- PETITIONER(S):
-------------------------- DEVAKI, D/O.KOCHU PILLAI, AMBAT HOUSE, ENATHY P.O, VAIKKOM TALUK, KOTTAYAM.
BY ADVS.SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SMT.HANI P.NAIR RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY (REVENUE), GOVERNMENT SECRETARIAT, TRIVANDRUM.
2. THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM.
3. THE VILLAGE OFFICER, VILLAGE OFFICE, KULASHEKHARAMANGALAM.
R BY GOVERNMENT PLEADER SRI.MANOJ.P.KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25743 of 2010 (P) ----------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXHIBIT P1: TRUE COPY OF TANDAPER ACCOUNT NO.9919 EXHIBIT P2: TRUE COPY OF APPLICATION DATED 10.03.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P3: TRUE COPY OF REPORT DATED 17.03.2010 SUBMITTED BY THE 3RD RESPONDENT.
EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 02.07.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P5: TRUE COPY OF COMMUNICATION DATED 28.07.2010 ISSUED BY 2ND RESPONDENT.
RESPONDENT'S EXHIBITS NIL -------------------------------------- //TRUE COPY// P.A. TO JUDGE
K.VINOD CHANDRAN, J.
--------------------------------------- W.P(C) No.25743 of 2010 ---------------------------------------- Dated this the 27th day of July, 2015
JUDGMENT
The petitioner challenges the Ext.P5 order wherein the District Collector had categorically found that no change of description in the Basic Tax Register (BTR) can be made. The same stands affirmed by the decision of Hon'ble Supreme Court in RDO V. Jalaja Dileep 2015
(2) KHC 109(SC).
2. In such circumstances, the writ petition would stand dismissed, however the petitioner could avail of the remedies provided as per the decision reported in Puthampurakal Joseph V. Sub Collector 2015(3) KLT 182 and Kizhakkambalam Grama Panchayath V. Mariumma 2015(2) KLT 516, provided the petitioner's property is not now included in the data bank. If so included then proceedings could be taken under the
W.P(C) No.25743 of 2010 Kerala Conservation of Paddy Land and Wetland Act, 2008. The writ petition is dismissed with the above reservation.
Sd/- K.VINOD CHANDRAN JUDGE