STATE OF KERALA Vs. SANTHOSH

JUDGEMENT

(1.) These appeals are filed aggrieved by a common judgment dtd. 22/12/2020 in W.P.(C)Nos.17463/2020 and 4888/2020. The common order dtd. 1/12/2021 in R.P.No.620/2021 arising from W.P.(C)No.17463/2020 and R.P.No.621/2021 arising from W.P. (C)No.4888/2020 are also challenged.

(2.) W.P.(C)No.4888/2020 was filed by the owner of the property comprised in Re.Sy.No.493/5-1 in Block No.6 of Peringara Village in Thiruvalla Taluk, mainly for a direction to the Secretary of Peringara Grama Panchayat to issue development and building permit on the basis of Exts.P9 and P10 applications. W.P.(C)No.17463/2020 was filed by the brother of the Petitioner in W.P.(C)No.4888/2020 on her behalf challenging Ext.P9 report dtd. 11/4/2019 of the Village Officer and proceedings dtd. 17/9/2019 of the Tahsildar (Land Records), Thiruvalla by which it was directed to correct the description of the property in Re.Sy.No.493/5-1 in Block No.6 of Peringara Village in Thiruvalla Taluk as 'nilam' in the revenue records.

(3.) The writ petition was allowed by the learned Single Judge. The learned Single Judge held that there was no basis for re-classifying the land which was classified as 'purayidam' after re-survey in 1994. The learned Single Judge directed that the land shall be treated as 'purayidam' for all purposes and the description of the land shall be restored in revenue records as 'purayidam'. Review Petitions were filed against the common judgment passed by the learned Single Judge. During the pendency of the Review Petitions, as the state authorities pointed out that Kerala Conservation of Paddy Land and Wetland Act, 2008 came to force after the resurvey and classification, the learned Single Judge permitted the Authorities to proceed for including the property in data bank in accordance with law. However, the same could not be done. The Review Petitions were thereafter disposed of by order dtd. 1/12/2021.