A writ petition filed to correct revenue record entry. The court permitted the petitioner to file an application before the additional 3rd respondent to treat the property under the Kerala Land Utilization Order.
Petitioner permitted to file application before Additional 3rd Respondent; proceedings to be finalized within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.R. RAMACHANDRA MENON
FRIDAY, THE 25TH DAY OF OCTOBER 2013/3RD KARTHIKA, 1935
WP(C). No. 17291 of 2013 (J)
PETITIONER:
RADHA
W/O. MADHU, NIKATHITHARA HOUSE (PURATHIYATTU PARAMBU) VADUTHALA P.O., KORUNGOTTA DESAM, CHERANALLOOR VILLAGE KANAYANNUR TALUK.
BY ADV. SRI. P.B. PRADEEP
RESPONDENTS:
1. THE VILLAGE OFFICER VILLAGE OFFICE, CHERANALLOOR-682 034.
2. TAHSILDAR KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM-682 314.
BY SPECIAL GOVERNMENT PLEADER SRI. P.K. SOYUZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 17291 of 2013 (J)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT. P1 | - | COPY OF THE PURCHASE CERTIFICATE DATED 02.07.1971 JOINTLY OBTAINED BY AYYAN ALIAS AYYAR, AND KRISHNAN |
|---|---|---|
| EXT. P2 | - | COPY OF PARTITION DEED NO.3569/1985 OF THE SRO, ERNAKULAM. |
| EXT. P3 | - | COPY OF THE DRAFT RELEASE DEED PREPARED BY AT THE INSTANCE OF THE PETITIONER. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 6.12.86. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 31.1.89. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 16.2.90. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 14.3.91. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 23.9.93. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 5.3.95. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 3.2.98. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 9.3.00. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 31.3.10. |
| EXT. P4 | - | BUILDING TAX PAID RECEIPT DATED 24.2.11. |
| EXT. P5 | - | COPY OF THE TRUE EXTRACT OF DRAFT DATA BANK. |
| EXT. P6 | - | COPY OF THE APPLICATION FILED BEFORE VILLAGE OFFICER DATED 19.02.2013. |
| EXT. P7 | - | COPY OF THE REPLY DATED 09.05.2013 ISSUED BY THE ADDITIONAL TAHSILDAR, KANAYANNUR |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A.TO JUDGE
SP
P.R. RAMACHANDRA MENON, J.
---------------------------------------
W.P.C. No.17291 OF 2013
Dated this the 25th day of October, 2013.
JUDGMENT
The petitioner is stated as the owner of the property having
10 cents in Old Survey No.817/1 (now Re-Sy. No.622/9) by virtue of Ext.P3 Release Deed. According to the petitioner, the property is a 'purayidam' and there are age old standing trees in addition to the residential building in the property. The petitioner has been paying building tax as borne by Ext.P4 series. In the Draft Data Bank Register, the property is shown as having converted for more than 10 years, as borne by Ext.P5. The grievance of the petitioner is with regard to the wrong entry made in the revenue records, describing the property as 'nilam'. Though the petitioner has filed Ext.P6 application, the same has been turned down. Hence the writ petition.
mere description of the property in the BTR as 'nilam' cannot be the yardstick to decide the actual issue and that the physical
W.P.C.No.17291 of 2013
2
nature of the property has to be ascertained. In view of the undisputed position that the property is not included in the Data Bank Register, Act 28 of 2008 is not applicable to the case in had, as per the law declared by this Court in Jaffarkhan V. Kochumarakkar (2012 (1) KLT 491) . Then the question to be considered is whether the petitioner is entitled to have the matter considered in tune with the relevant provisions of the Kerala Land Utilization Order. It has been answered in the positive, as per the verdict passed by the Division Bench of this Court in Praveen V. Land Revenue Commissioner (2010 (2) KLT 617) .
W.P.C.No.17291 of 2013
3
in Praveen V. Land Revenue Commissioner (2010(2) KLT
617) . The proceedings as above shall be finalised by the 3rd respondent, after hearing the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment, along with a copy of this writ petition, before the additional 3rd respondent, for further steps.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON,
JUDGE
sp
3 issues framed by the court
Whether the petitioner is entitled to have the matter considered in tune with the relevant provisions of the Kerala Land Utilization Order regarding property description.
Whether the petitioner stand permitted to file a proper application before the additional 3rd respondent.
Whether the proceedings shall be finalised within two months.
Colour shows how this judgement treated each authority
Jaffarkhan V. KochumarakkarReferred¶34
Jaffarkhan V. Kochumarakkar (2012 (1) KLT 491)
Praveen V. Land Revenue CommissionerReferred¶34
Praveen V. Land Revenue Commissioner (2010 (2) KLT 617)
1 provisions across 1 enactments
RADHA
THE VILLAGE OFFICER VILLAGE OFFICE, CHERANALLOOR
TAHSILDAR KANAYANNUR TALUK
THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD
THE REVENUE DIVISIONAL OFFICER CIVIL STATION, KAKKANAD
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.R. RAMACHANDRA MENON
Parties & counsel
