LAWS(KER)-2025-5-47

TAHSILDAR Vs. MANANCHIRA TOWNSHIP COMPLEX PVT. LTD.

Decided On May 30, 2025
TAHSILDAR Appellant
V/S
Mananchira Township Complex Pvt. Ltd. Respondents

JUDGEMENT

(1.) As both these Writ Appeals deal with the same issue, they are taken up for consideration together and disposed by this common judgment.

(2.) WA No.1154 of 2025 impugns the order dtd. 4/3/2025 in RP No.660 of 2024, which in turn arises from WP(C).No.1397 of 2024. WA No.1170 of 2025, on the other hand, impugns the order dtd. 21/1/2025 in RP No.705 of 2024, which stems from WP(C).No.21925 of 2020.

(3.) WP(C).No.21925 of 2020 was preferred by the respondent herein, who had obtained the land in question under assignment deeds. In the said Writ Petition, the case of the respondent herein was that the land of the respondent was shown as paddy land in the revenue records, whereas it was actually reclaimed much prior to the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The land was apparently converted after obtaining the necessary permissions from the competent authorities under the Kerala Land Utilisation Order, 1967. The corresponding orders under the Kerala Land Utilisation Order were issued in the year 1995. It was when faced with a situation where, after the coming into force of the 2008 Act, the respondent could not mortgage the land on account of its erroneous categorisation as paddy land in the revenue records, that he approached this Court through WP(C).No.21925 of 2020 seeking directions to the revenue authorities to effect the necessary corrections in the revenue records.