SHINI Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This writ petition is filed seeking for a direction to the respondents to change the entries in the Basic Tax Register and Village records with respect to the property owned by the petitioner and to make use of the land for any other purpose. The petitioner claims to be the owner of the property having an extent of 25.90 Ares comprised in Re-survey No. 194/3 in Block No. 32 in Alakode Village, Thodupuzha Village. Ext. P6 is the relevant copy of the draft Data Bank show that it will not come under the purview of the Act 28 of 2008.

(2.) It is admitted by the learned Government Pleader that the above property is not included in the Draft Data Bank.

(3.) Learned counsel for the petitioner submits that he is entitled for a declaration from this Court in the light of the dictum laid down by this Court in Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another, 2014 1 KerLT 161, to effectuate changes in the Basic Tax Register as the property has been reclaimed long before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short the "Act 28 of 2008"). It is further submitted, without prejudice to the petitioner's right as above, for seeking a declaration, the petitioner is entitled to convert or utilise the above land for any other purposes other than for cultivating food crops, as the property is no longer fit for any cultivation.