JANARDHANAN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner, who is stated to be the absolute owner in possession of 24.28 Ares of land comprised in Survey No.555/2 of Poyya Village in Kodungallur Taluk, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to grant permission for conversion [sic: change of nature] of the said land covered by Ext.P1 sale deed. The petitioner has also sought for a writ of mandamus commanding the 2nd respondent to take a speedy decision on Ext.P5 application for conversion [sic: change of nature] of land.

(2.) Going averments in the writ petition, the petitioner's land covered by Ext.P1 sale deed bearing registration No.912/2017 of Sub Registrar Office, Mala is not included in the data-bank prepared under the provisions under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder. The predecessor in interest of the petitioner, viz., Chandran purchased the property by way of document No.1007/2008 dated 11.03.2008 executed by one Lilly. She purchased the said property from Paoulose and Elsy as per document No.3066/2006 dated 01.12.2006, who obtained that property by two separate documents, i.e., document No.2140/1976 (in respect of 43.500 cents) and document No.2141/1976 (in respect of 16.500 cents) executed on 05.08.1976 by one Ambookken Kunjuvareed Kochuvarkey and Ambookken Kochuvarkey Kunjuvareed. According to the petitioner, the said Ambookken Kochuvarkey Kunjuvareed obtained that property having a total extent of 16.500 cents as per Gift Deed No.1327/1974 dated 10.05.1974 from his father, Ambookken Kunjuvareed Kochuvarkey, whose title and right on the property is devolved from F Schedule in Partition Deed No.1950/1950 executed on 29.08.1950. The description of the land in that document of the year 1950 is 'garden land'.

(3.) On 19.07.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.