K.M.VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed with following prayers:

(2.) The petitioner is the owner and title holder in possession and enjoyment of 19.42 ares, 10.52 ares, 9.30 ares, 4.45 ares and 4.86 ares of land in Resurvey No.251/11, 251/12, 251/9, 251/10, 251/8, Block No. 36 of Kozhencherry Village, Kozhencherry Taluk, Pathanamthitta District. According to the petitioner, this land got automatically converted much prior to 2008. The petitioner's land is classified as converted land in Ext.P1 draft data bank. Petitioner submitted Exhibit P2 seeking permission to develop the land. At that time, the Village Officer informed that necessary changes in Thandaper register has been made as per Ext.P5. However, tax receipt for the year 2020 shows that land is classified as wetland. The petitioner submitted Ext.P2 application dtd. 11/2/2017 under Clause 6(2) of the Kerala Land Utilization Order before the 2nd respondent. Ext.P4 is the order passed by the District Collector. The petitioner is aggrieved only about the last portion of Ext.P4 order. It is stated like this in the last portion of Ext.P4:

(3.) The learned counsel for the petitioner submitted that the land is already converted before the year 2008. That is mentioned in Ext.P3 judgment itself. In the light of the same, such a condition in Ext.P4 is unsustainable.