The High Court of Kerala allowed the writ petition based on reports confirming a building on the property. Following precedent, the court directed the Tahsildar to effect changes in the basic tax register as dry land within two months.
Directed the 4th respondent (Tahsildar) to effect changes in the basic tax register as dry land 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 A.MUHAMED MUSTAQUE
FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936
WP(C).No. 4401 of 2014 (A)
PETITIONER:-
NOUSHAD S/O.ALIAR, MATHRAKKATTU HOUSE, PINERMUNDA PERINGALA P.O., KUNNATHUNADU VILLAGE, KUMARAPURAM PALLIKKARA, PIN - 683 565.
BY ADV. SRI.PAUL K.VARGHESE
RESPONDENTS:-
1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, (REVENUE DEPARTMENT) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT COLLECTOR, KAKKANAD CIVIL STATION, ERNAKULAM, PIN - 682 030.
3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, MUVATTUPUZHA, PIN - 686 661.
4. THE TAHSILDAR, PERUMBAVOOR.
5. THE VILLAGE OFFICER, KUNNATHUNADU VILLAGE, KUMARAPURAM - 683 565.
BY SENIOR GOVERNMENT PLEADER SRI.S.JAMAL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4401 of 2014 (A)
APPENDIX
PETITIONER(S)' EXHIBITS:-
EXHIBIT P1. A TRUE COPY OF THE SALE DEED NO.5570/2013 OF PUTHENCRUZ SRO EXECUTED IN FAVOUR OF THE PETITIONER. EXHIBIT P2. A TRUE COPY OF THE SALE DEED NO.59/2013 OF PUTHENCRUZ SRO EXECUTED IN FAVOUR OF THE PETITIONER DATED 03.01.2013. EXHIBIT P3. A TRUE COPY OF THE SALE DEED NO.705/2012 OF PUTHENCRUZ SRO EXECUTED IN FAVOUR OF SHYLA NOUSHAD DATED 03.02.2012 . EXHIBIT P4. A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR TO CORRECT THE ENTRY IN THE REVENUE RECORD AS DRY LAND. EXHIBIT P5. TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER'S WIFE SHYLA NOUSHAD BEFORE THE DISTRICT COLLECTOR DATED 13.01.2013. EXHIBIT P6. A TRUE COPY OF THE REPORT NO.A9 11906/2013 SUBMITTED BY THE RDO MUVATTUPUZHA TO THE DISTRICT COLLECTOR DATED 01.01.2014. EXHIBIT P7. A TRUE COPY OF THE REPORT NO.A9 11906/2013 SUBMITTED BY THE RDO MUVATTUPUZHA TO THE DISTRICT COLLECTOR DATED 01.01.2014. EXHIBIT P8. A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REGISTER OF THE PROPERTY OF THE PETITIONER AND WIFE. RESPONDENT(S)' EXHIBITS:- NIL.
-// true copy //-
PA TO JUDGE.
Kvs/-
A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.4401 of 2014-A.
= = = = = = = = = = = = =
Dated this the 4th April, 2014.
J U D G M E N T
The petitioner approached the Revenue Divisional
Officer for effecting changes in the basic tax register as dry land. Exts.P6 and P7 are the orders passed by the Revenue Divisional Officer after inspection of the property. It is reported by the Revenue Divisional Officer that the building has been constructed in this property. Considering Exts.P6 and P7, I am of the view that the petitioner is entitled for necessary changes in the light of the decision of this Court in R.D.O. v. Jalaja Dileep (2014 (1) KLT 161).
WP(C).No.4401/2014-A.
2
mentioned in Exts.P6 and P7 within a period of two months
from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
-// true copy //-
2 issues framed by the court
Whether the petitioner is entitled to changes in the basic tax register as dry land given the report on construction.
Whether a direction should be issued to the 4th respondent to effect necessary property changes within two months.
Colour shows how this judgement treated each authority
R.D.O. v. Jalaja DileepFollowed¶29
R.D.O. v. Jalaja Dileep (2014 (1) KLT 161)
NOUSHAD S/O.ALIAR
THE STATE OF KERALA
THE DISTRICT COLLECTOR, KAKKANAD
THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
THE TAHSILDAR, PERUMBAVOOR
THE VILLAGE OFFICER, KUNNATHUNADU VILLAGE
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
