Disposed

C. Jerison v. Tahsildar

Kerala HC1 Dec 2014WP(C)/7771/2014

Case brief

AI extract

What is this about?

Petitioner sought direction to respondent to allow correction of property details in the Basic Tax Register. Court directed petitioner to approach the Local Level Monitoring Committee to correct entries before approaching the District Collector under the Kerala Land Utilization Order, citing a specific precedent.

What did the court decide?

Direction to consider application for correction of details in the Basic Tax Register via the Local Level Monitoring Committee.

C. Jerison Vs Tahsildar — Land Acquisition | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936

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WP(C).No. 7771 of 2014 (V)

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PETITIONER(S):

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C. JERISON, AGED 50 YEARS, S/O. CHACKO, KIZHAKKEVETTIL - JERI COTTAGE, ADOOR P.O., PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.S.SHAJAHAN (ADOOR).

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RESPONDENT(S):

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THE TAHSILDAR, ADOOR TALUK, ADOOR, PIN-691 523.

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BY SPL. GOVT. PLEADER (REVENUE) SRI.P.K. SOYUZ.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 7771 of 2014 (V)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 : COPY OF SALE DEED NO.398/2013 OF ADOOR SRO.

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P2 : COPY OF THE TAX RECEIPT DATED 24.04.2013 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, PERINGANAD.

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P3 : COPY OF APPLICATION DATED 05.02.2014 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

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P4 : COPY OF POSTAL RECEIPT DATED 20.02.2014 ISSUED BY THE RESPONDENT TO THE PETITIONER.

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P5 : COPY OF JUDGMENT DATED 18.12.2012 OF THIS HON'BLE COURT IN WP(C).NO.18956 OF 2012(T).

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RESPONDENT'S ANNEXURES:-

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ANNEXURE R1A COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK.

//TRUE COPY//

P.A. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

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=========================

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W.P(C).No.7771 of 2014V

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============================ Dated this the 01^st day of December, 2014

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JUDGMENT

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Petitioner claims to be the owner in possession of 3.5 cents of property in Survey No.187/2 of Peringanadu Village. Petitioner has approached this Court seeking a direction to the respondent to consider Ext.P3 application for correcting details in the Basic Tax Register.

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Learned Government Pleader on instruction submits that

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this property is included as nilam in the draft data bank.

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Petitioner has a case that this property has been reclaimed long before the Act 28 of 2008 and it appears, the property is a dry land.

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Petitioner submits that the property was reclaimed long before the Act 28 of 2008. The remedy available to the petitioner is to approach the Local Level Monitoring Committee to correct the details of properties situated in Survey No.187/2 of Peringanadu Village. Local Level Monitoring Committee shall consider the application in the light of the decision in Castlerock Projects and Developers Pvt. Ltd. and Another v. Revenue Divisional Officer [2013 (3) KLT 545] and find out whether as on the date of

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W.P(C).No.7771 of 2014V

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enactment of Act 28 of 2008, this property can be treated as nilam. If it is found that this property cannot be treated as nilam, the Local Level Monitoring Committee shall correct the details in the draft data bank. Once the entry is corrected, it is open for the petitioner to approach the District Collector, Pathanamthitta under clause (6) of the Kerala Land Utilization Order for utilising the land for other purposes. Needful shall be done by the Local Level Monitoring Committee within a period of six weeks from the date of receipt of a copy of the application after affording an opportunity of being heard to the petitioner.

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Writ Petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/01/12/14

C. Jerison v. Tahsildar

Case brief

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C. Jerison v. Tahsildar

Case brief

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