BAIJA JAYAN, v. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,
WP(C)/1700/2023 · 2025-04-02
Harisankar V Menon
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3074 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3074 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:28357 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 1700 OF 2023 PETITIONER:
BAIJA JAYAN, AGED 54 YEARS W/O.JAYAN, MULLANKUZHY HOUSE, GJ ROAD, CHIYYARAM P.O., THRISSUR, PIN - 680026 BY ADV J.G.SYAMNATH RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 3 THE VILLAGE OFFICER, KOORKANCHERRY, THRISSUR, PIN - 680007 4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,KOORKANCHERRY, THRISSUR, PIN - 680007 OTHER PRESENT:
SRI T JAYAN GP
WP(C)No.1700 of 2023 2 2025:KER:28357 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.1700 of 2023 3 2025:KER:28357
JUDGMENT The petitioner has approached the 2nd respondent herein by filing an application seeking conversion of the status of the property under the provisions of the Kerala Conservation of Paddy Land and Wet land Act, 2008. As per Ext.P5, the 2nd respondent herein has rejected the application filed as above. It is in such circumstances that the captioned writ petition is filed by the petitioner herein.
2. A perusal of Ext.P5 would show a total lack of application of mind at the hands of the RDO. The various
contentions raised with reference to the nature of the property in question, which is stated to be garden land, are not seen considered while issuing Ext.P5. Hence, that can only be considered as a cryptic order. Furthermore, the RDO has not obtained or referred to the report from the KSREC.
3. In the result, I am of the opinion that the order at Ext.P5 requires to be set aside. Resultantly, this writ petition will stand disposed of, setting aside Ext.P5 and directing the 2nd
WP(C)No.1700 of 2023 4 2025:KER:28357 respondent herein to consider and pass orders on the application filed by the petitioner afresh after obtaining the report from the KSREC in the matter. Needless to say, the petitioner is to remit the required fee for obtaining the report from the KSREC as above. Sd/- HARISANKAR V. MENON JUDGE HKH/02.04.2025
WP(C)No.1700 of 2023 5 2025:KER:28357 APPENDIX OF WP(C) 1700/2023 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE SALE DEED NO.5070/2014 OF THRISSUR SRO DATED 31- 10-2014 EXHIBIT-P2 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 09-11-2022 EXHIBIT-P3 A TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER EXHIBIT-P4 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 25- 01-2022 EXHIBIT-P5 A TRUE COPY OF THE ORDER DATED 03-06- 2022 OF THE 2ND RESPONDENT