SHERRY PETER Vs. DISTRICT COLLECTOR COLLECTORATE

JUDGEMENT

(1.) The case set up in this writ petition civil are as follows: That The petitioner is a non resident Indian. He is the absolute owner in enjoyment and possession of properties to the extent of 61.93 Ares comprised in Sy. Nos. 710/04, 710/5 and 710/6 of Velloorkunnam Village in Muvattupuzha Taluk which are lying contiguously. The said property is described as Nilam in he BTR. Out of which Sy.No. 710/5 is included in data bank and shown as "converted land". It is respectfully submitted that the other two properties are shown as "Nellu" in the data bank. 2nd respondent has issued Ext.P2 alleging illegal reclamation / conversion of the properties whereby prohibited acceptance of land tax and alienation /transfer of the property in question. The properties mentioned in Ext.P2 is pacca garden land and converted prior to introduction of Act 28 of 2008. The properties are not paddy land as defined under the act. As per the provisions of the act reclamation means conversion of paddy land or wet land. The prohibition of conversion or reclamation is also applicable only to paddy land or wet land. The properties mentioned in Ext.P2 does not com under the purview of paddy land as defined under the act. Hence the action the 2nd respondent is without jurisdiction and Ext.P2 is liable to be quashed. Petitioner urges the following points.

(2.) It is in the light of these averments and contentions, the petitioner has filed this instant writ petition with the following prayers.

(3.) Heard Sri. Manoj V. Kunjachan, learned counsel appearing for the petitioner and Sri. K.J. Manuraj, learned Government Pleader appearing for the respondents.