IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 25771 of 2009(N) ------------------------------------- PETITIONER(S): ------------------------ K.MANI, AGED 60 YEARS, S/O.KRISHNAN EZHUTHACHAN, POOVAKKOTTIL HOUSE, CHENANKAD POST, KOTTAYI VILLAGE, PALGHAT DISTRICT. BY ADV. SRI.T.C.GOVINDA SWAMY SRI. T.R.MOHANAKUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO THE GOVT. OF KERALA STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASST. DIRECTOR OF SURVEY (RE-SURVEY), GOVT. OF KERALA, PALAKKAD. 3. THE ADDITIONAL TAHSILDAR, ALATHUR TALUK, PALGHAT DISTRICT. 4. THE RESURVEY SUPERINTENDENT, OFFICE OF THE SURVEY SUPERINTENDENT, OTTAPALAM, PALGHAT. 5. THE SECRETARY, KOTTAYI GRAMA PANCHAYATH, KOTTAYI VILLAGE, PALGHAT DISTRICT. *ADDL. R6 IMPLEADED. 6. REVENUE DIVISIONAL OFFICER, PALGHAT DISTRICT. ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 15.12.2009 IN IA. 15557/09. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 25771 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010 J U D G M E N T The petitioner is the owner of certain properties. In the revenue records, the said properties are shown as wet land. According to the petitioner, presently the said land is not a wet land at all but a garden land. Petitioner contends that in view of the decision in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899), a practical approach to the situation has to be taken and the land which is presently garden land should be allowed to be kept as garden land itself. The petitioner therefore seeks correction of the classification of the land in the revenue records. I am of opinion that, if such change of classification is allowed, the very object of Kerala Land Utilisation Order and the Kerala Conservation of Paddy Land and Wet Land Act would be defeated and that would enable the wet land property owners from overcoming the rigorous of the law, by simply seeking change of classification of the land in the W.P.(C)No. 25771 of 2009 -2- revenue records. I am not satisfied that the same can be permitted. Hence, I do not find any merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN JUDGE shg/