KUNHAMMED KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court challenging Exts.P9 and P14 orders and for a consequential declaration that the property of the petitioner covered by Ext.P3 application is converted before 1967 and is eligible for necessary corrections in the revenue records. The facts of the case in brief is as follows:-

(2.) The petitioner is a 71 year old senior citizen, holding

(3.) A detailed counter affidavit has been filed by the 3rd respondent wherein it is specifically stated that the provisions under Sec. 27A(3) of the Kerala Conservation of Paddy land and Wetland Act, will apply only in respect of the lands which are filled up or naturally filled up before the 4thday of July, 1967, ie., the date of commencement of the Kerala Land Utilisation Order. It is the specific contention raised in the counter affidavit that the records reveal that the property of the petitioner has not been converted even as on date. The petitioner has not produced any documents in support of his contentions. The counter affidavit further states that the document enumerated in Rule 12(13) can be pressed into service only if the property is shown to have been converted prior to 4/7/1967. When the property is still lying without any reclamation or conversion, these documents cannot be taken into account.