Petitioners alleged revenue officials entered their properties without notice for land ceiling proceedings. The court noted the Government Pleader's submission that no officials entered the properties and dismissed the petition while preserving right to initiate future legal action.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939
WP(C).No. 12789 of 2017 (W)
PETITIONERS :
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1. CHATHANAT GEORGE, S/O. VARKEY,AGED 58 YEARS, EATHUMKARA, ANGADAKADAVU P.O, AYYAMKUNNU DESOM, IRITTY TALUK, KANNUR DISTRICT.
2. C.S. JOSEPH, S/O. SEBASTIAN, AGED 58 YEARS, CHEMPOTHANADIYIL P.O,
MUNDAYAMPARAMBU - 670 704 IRITTY TALUK.
3. BEEN IYPE,D/O. IYPE, AGED 41 YEARS, KUNNUMMAL HOUSE, CHARAL P.O, VANIYAPARATHATTU, IRITTY TALUK.
4. PETER PALAKKAN,S/O. MANIKANDAN, AGED 55 YEARS, MAKKANDAYIL HOUSE P.O, KOOTTUPUZHA, ARALAM VILLAGE, PALATHEEN KADAVU, IRITTY TALUK.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENTS :
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1. GOVERNMENT OF KERALA
REP BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM - 695 001.
2. DISTRICT COLLECTOR, COLLECTORATE KANNUR - 678 001.
WP(C).No. 12789 of 2017 (W)
3. DEPUTY COLLECTOR(LR), COLLECTORATE, KANNUR, KANNUR DISTRICT - 678 001.
4. DEPUTY DIRECTOR OF SURVEY, COLLECTORATE, KANNUR, KANNUR DISTRICT - 678 001.
5. THAHASILDAR, TALUK OFFICE, IRITTY, KANNUR DISTRICT - 678 001.
6. VILLAGE OFFICER, VILLAGE OFFICE, AYYAMKUNNU, KANNUR DISTRICT - 678 001.
BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12789 of 2017 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE OFFER OF ASSIGNMENT ISSUED BY 3RD RESPONDENT IN FAVOUR OF THE ABOVE SAID THEKKEKKARA THOMAS. EXHIBIT P2: TRUE COPY OF THE SALE DEED EXECUTED BY THEKKEKKARA THOMAS IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P3: TRUE COPY OF THE DEED OF ASSIGNMENT BEARING NO B8.23765/77 DATED 30-04-1980 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE ABOVE SAID CHELLAMMA. EXHIBIT P4: TRUE COPY OF THE SALE DEED BEARING NO 1159 OF 1999 EXECUTED IN FAVOUR OF THE 1ST PETITIONER BY THE ABOVE SAID CHELLAMMA. EXHIBIT P5: TRUE COPY OF THE RECEIPT OF THE LAND TAX IN RESPECT OF THE 1ST PETITIONER. EXHIBIT P6: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICE AYYANKUNNU IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P7: TRUE COPY OF THE REGISTERED SALE DEED BEARING NO: 756 OF 1998 EXECUTED IN FAVOUR OF THE 2ND PETITIONER. EXHIBIT P8: TRUE COPY OF THE OFFER OF ASSIGNMENT ISSUED IN FAVOUR OF THE ABOVE SAID GOVINDAN BY THE 3RD RESPONDENT. EXHIBIT P9: TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN FAVOUR OF 2ND PETITIONER. EXHIBIT P10: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF 2ND PETITIONER FOR THE ABOVE SAID PROPERTY.
WP(C).No. 12789 of 2017 (W)
| EXHIBIT P11: TRUE COPY OF THE BEARING NO: B1. 4 ISSUED BY THE 2ND THE ABOVE SAID KR |
DEED OF ASSIGNMENT 3327/80 DATED 17-09-1982 RESPONDENT IN FAVOUR OF ISHNAN. |
|---|---|
| EXHIBIT P12: TRUE COPY OF THE BEARING NO: 831 O |
REGISTERED SALE DEED F 2015. |
| EXHIBIT P13: TRUE COPY OF THE NAME OF THE 3RD P |
LAND TAX RECEIPT IN THE ETITIONER. |
| EXHIBIT P14: TRUE COPY OF THE ISSUED IN FAVOUR FORT THE ABOVE SA |
POSSESSION CERTIFICATE OF THE 3RD PETITIONER ID PROPERTY. |
| EXHIBIT P15: TRUE COPY OF THE BEARING NO: B8/23 ISSUED IN FAVOUR THE 2ND RESPONDEN |
DEED OF ASSIGNMENT 765/77 DATED 30-10-1987 OF THE 4TH PETITIONER BY T. |
| EXHIBIT P16: TRUE COPY OF THE ISSUED IN FAVOUR |
POSSESSION CERTIFICATE OF THE 4TH PETITIONER. |
| EXHIBIT P17: TRUE COPY OF THE 1ST PETITIONER UN ACT TO THE VILLAG |
QUESTION ASKED BY THE DER RIGHT TO INFORMATION E OFFICER AYYANKUNNU. |
| EXHIBIT P18: TRUE COPY OF THE VILLAGE OFFICER A |
ANSWERED FURNISHED BY YYANKUNNU ON 04-10-2016. |
| EXHIBIT P19: TRUE COPY OF THE SUBMITTED BY THE ON 02-11-1978. |
PLAN PREPARED AND REVENUE AUTHORITIES |
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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P.B. SURESH KUMAR, J.
W.P.(C) No.12789 of 2017
Dated this the 15th day of June, 2017
JUDGMENT
The grievance of the petitioners is that the sixth respondent has entered into their properties and measured the same pretending that a portion of the same is involved in a land ceiling proceedings. According to the petitioners, the Village Officials cannot enter into their properties without issuing a notice to them. The petitioners, therefore, seek appropriate directions in this regard, in this writ petition.
W.P.(C) No.12789 of 2017
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Department of the State Government have entered into the properties of the petitioners.
In the circumstances, the writ petition is closed recording the submission made by the learned Government Pleader. It is made clear that this judgment will not preclude the respondents from initiating action, if any, against the properties of the petitioners in accordance with law.
Sd/- P.B. SURESH KUMAR JUDGE
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2 issues framed by the court
Whether village officials can enter into petitioners' properties without issuing a notice alleging land ceiling proceedings.
Whether appropriate directions need to be issued to prevent unnotified entry of revenue officials into private properties.
Chathanat George
C.S. Joseph
Been Iype
Peter Palakkan
Government of Kerala
District Collector, Kannur
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
