In review petitions filed by the objector in a land dispute, the Kerala High Court held that since the land was included in the data bank as 'nilam', the issue of land utilisation depends on a challenge to this inclusion. The reviewing judge directed that the judgment be reviewed and restored to allow the land owner to challenge the data bank entry separately.
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
THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938
RP.No. 456 of 2016 (V)
JUDGMENT IN WP(C) 31976/2011 DATED 01-03-2016.
REVIEW PETITIONER/4TH RESPONDENT :
JOSE, S/O.POULOSE, THALIYANAYATH HOUSE, ALATHUR P.O. - 680 741.
BY ADV. SMT.APARNA RAJAN
RESPONDENT(S)/RESPONDENTS 1 TO 3 & PETITIONER :
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
AGRICULTURAL (N.C.A.)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM-695 001.
3. THE REVENUE DIVISIONAL OFFICER, THRISSUR-680 001.
4. JINCI ALIAS JILCY, W/O.VARGHESE, MANJALY HOUSE, VENNOOR, ALATHUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR-680 741.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01-12-2016 ALONG WITH RP.462/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
RP.No. 456 of 2016 (V)
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 : TRUE COPY OF THE INFORMATION GIVEN BY THE ANNAMANADA GRAMA PANCHAYAT TO THE PETITIONER DATED 5.10.2012.
ANNEXURE A2 : TRUE COPY OF THE COVERING LETTER DATED 28.5.2016 BY THE VILLAGE OFFICER, ALATHUR ALONG WITH DRAFT DATA BANK TO THE PETITIONER.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
=-=-=-=-=-=-=-=-=-=-=-==-=-=-=--=-=-=-=-=-=-= R.P No.456 of 2016 in W.P.(C) No.31976 of 2011
&
R.P.No.462 of 2016 in 33077 of 2011
=-=-=-=-=-=-=-=-=-==-=-=-=--=-=-=-=-=-=-=-=-= Dated this the 1st day of December, 2016
JUDGMENT
These review petitions are at the instance of the contesting party respondents in the writ petition. The issue in the writ petition is regarding the nature of land situated in Re-Survey 116/2 of Alathur Village. The writ petitioner in W.P.(C) No.31976 of 2011 is the owner of the land. The writ petitioner in W.P.(C) No.33077 of 2011 is the neighboring owner of the land, who objected the utilisation of the land by the land owner in violation of provisions of Act 28 of 2008.
R.P No.456 of 2016 in W.P.(C) No.31976 of 2011 & R.P.No.462 of 2016 in 33077 of 2011
-:2:-
No.31976 of 2011 and to implement their order, the objector filed W.P.(C) No.33077 of 2011.
R.P No.456 of 2016 in W.P.(C) No.31976 of 2011 & R.P.No.462 of 2016 in 33077 of 2011
-:3:-
the writ petition filed by the land owner, this court is of the view that judgment has to be reviewed as the entire issue relating to the utilisation of land depend upon the challenge to be made by the land owner regarding the inclusion of land in the data bank.
Accordingly, the judgment is reviewed and restored.
Sd/
A.MUHAMED MUSTAQUE JUDGE
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3 issues framed by the court
Whether the judgment should be reviewed now that the challenged land has been included in the data bank.
Whether the objector's subsequent filing of review petitions is maintainable after the factual situation has changed.
Who is the proper person to challenge the inclusion of land in the data bank.
2 provisions across 2 enactments
JOSE, S/O.POULOSE
JINCI ALIAS JILCY, W/O.VARGHESE
STATE OF KERALA
THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
