K.GEETHA Vs. TAHASILDAR

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: That the petitioners are the absolute owners in possession of a parcel of land in Tanniam Village of Thrissur Taluk. The property is not included in the date bank prepared in terms of Act 28 of 2008. Hence the petitioners preferred an application under Clause 6(2) of the Kerala Land Utilization Order, 1967 which was allowed by the Revenue Divisional Officer. Pursuant to the same the petitioners preferred an application under Section 27A of the Act. During the pendency of the application, a Division Bench of this Court had declared that those persons who obtained permission under Clause 6(2) before the introduction of 27A need not follow the course under the said Act. Hence the petitioners preferred Exhibit P-5 application before the 1 st respondent. It is in the light of the above averments and contentions, the petitioners have filed the instant Writ Petition (Civil) with the following :

(2.) Heard Sri. Binoy Vasudevan, learned counsel appearing for the petitioners and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) From the pleadings and materials on record, it is seen that there is no dispute of subject property has been converted as purayidom /garden land much prior to the coming into the force of Kerala Conservation of Paddy Land and Wetland Act 2008 and the petitioner has now secured orders under Rule 6 (2) of the Kerala Land Utilization Order, 1967 as per Ext. P3 order dated 11.01.2017 from the Revenue Divisional Officer concerned, thus securing common permission for converting the land as purayidom /garden land.