Writ petition questioning measurement of land by revenue officials without notice. Court directed respondents to issue proper notice before any further enquiry on the petitioners' property.
Direction to respondents to issue due notice before conducting any further enquiry regarding the petitioners' property.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF FEBRUARY 2017/14TH MAGHA, 1938
WP(C).No. 824 of 2017 (C)
PETITIONER(S):
1. PANGINIKADAN ANAIZ, S/O. PANGINIKADAN ABDU, BUSINESS, PANGINIKADAN HOUSE, KADANNAMANNA AMSOM, MANKADA VILLAGE, PERINTHALMANNA TALUK, KADANNAMANNA, MALAPPURAM DISTRICT.
2. JINASMON, AGED 33 YEARS, BUSINESS, S/O.LATE PANGINIKADAN ALAVIKUTTY, PANGINIKADAN HOUSE, KADANNAMANNA AMSOM, MANKADA VILLAGE, PERINTALMANNA TALUK, KADANNAMANNA, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.S.RAMACHANDRAN PILLAI SRI.ANIL KUMAR M.SIVARAMAN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE TAHSILDAR, PERINTHALMANNA, MALAPPURAM DISTRICT-675 505.
3. THE VILLAGE OFFICER, MANKADA-691 524.
BY SR. GOVT. PLEADER SMT.K.R. DEEPA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 824 of 2017 (C)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | TRUE COPY OF THE DOCUMENT NO.1333/2014 DATED 02/04/2014 EXECUTED BY ABDUL JABBAR IN FAVOUR OF THE PETITIONERS AND JALALUDHEEN. |
|---|---|
| EXT.P2 | TRUE COPY OF THE REVENUE RECEIPT DUE TO THE PROPERTY FOR 2014-2015 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. |
| EXT.P2(A) | TRUE COPY OF THE REVENUE RECEIPT DUE TO THE PROPERTY FOR 2015-2016 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. |
| EXT.P3 | TRUE COPY OF THE RECEIPT DATED 27/02/2016 ISSUED BY THE AGRICULTURAL LABOURERS WELFARE FUND BOARD TO THE PETITIONERS FOR HAVING PAID THE SHARE OF THE PETITIONERS |
| EXT.P4 | TRUE COPY OF THE DOCUMENT NO.309/1971 S.R.O PERINTHALMANNA ASSIGNMENT DEED OF OUSEPH VARGHESE TO AYYAPPANKUTTY DATED 28/01/1971. |
| EXT.P5 | TRUE COPY OF THE DOCUMENT NO.1953/1981 SALE DEED EXECUTED BY AYYAPPANKUTTY TO POTTAKANDATHIL KUNHIMOHAMMED DATED 06-11-1981. |
| EXT.P6 | TRUE COPY OF THE DOCUMENT NO.2820/2008 DATED 17/07/2008 EXECUTED BY KUNHIMOHAMMED TO ABDUSALAM. |
| EXT.P7 | TRUE COPY OF THE DOCUMENT NO.1194/2009 DATED 21/03/2009 EXECUTED BY ABDU SALAM TO ABDUL JABBAR. |
| EXT.P8 | TRUE COPY OF THE REVENUE RECEIPT FOR 2013-14 DATED 5/10/2013 FOR HAVING PAID REVENUE DUE TO THE PROPERTY BY ABDUL JABBAR. |
| EXT.P9 | TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONERS NUMBERED AS 1544/16 DATED 15/10/2016 BY THE 3RD RESPONDENT IN RESPECT OF EXT.P1 PROPERTY. |
| EXT.P10 | TRUE COPY OF THE ORDER NO.S.R.NO.854/2013 OF THE TLB, PERINTHALMANNA. |
| EXT.P11 | TRUE COPY OF THE ORDER IN C.R.P NO.861/2008 BEFORE THE HIGH COURT OF KERALA FILED BY THE LEGAL REPRESENTATIVES OF OUSEPH VARGHESE. |
....2/-
WP(C).No. 824 of 2017 (C)
EXT.P12 TRUE COPY OF THE ORDER IN C.R.P 242/2015 (1) DATED 16/08/2014 BEFORE THE HIGH COURT ON THE PETITION FILED BY THE LEGAL REPRESENTATIVES OF OUSEPH VARGHESE. EXT.P13 COPY OF THE STATEMENT OF LAND TO BE SURRENDERED UNDER RULE 10 DATED 22/12/2015 FILED BY THE DECLARANT, OUSEPH VARUGHESE. EXT.P14 TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER TO RECEIVE REVENUE DUE FOR 2015-16 DUE TO THE PROPERTIES 3 ACRES 60 CENTS HELD BY THE PETITIONERS DATED 27/02/2016 EXT.P15 TRUE COPY OF THE ORDER DATED 07/04/2015 ISSUED BY THE ADDITIONAL TAHSILDAR, PERINTHALMANNA TO RECEIVE REVENUE FROM THE PETITIONERS AND ALSO TO STAY ALL THE ACTIONS IN THE MATTER OF SURRENDERED LANDS. RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
SHAJI P. CHALY, J.
W.P.(C). NO. 824 OF 2017
Dated this the 03rd day of February, 2017
JUDGMENT
Petitioners are the owners along with one Jalaludheen,
who is now out of India, an extent of 3 acres and 60 cents of property, comprised in Survey No. 69/2 of Mankada Village, as per Ext. P1 document. The assignor of Ext. P1 is having 2 acres and 28 cents of excess land, as per ceiling case booked against him by the Taluk Land Board Perinthalmanna. The ceiling matters are now under stay in a proceeding before this Court. According to the petitioner, the property involved in Ext. P1 is not a subject matter of the ceiling proceedings. However, respondents 2 and 3 without issuing any notice to the petitioners have entered into the property and started carrying out measurement and putting pegmark. It is in this background seeking appropriate directions, this writ petition is filed.
W.P.(C). NO. 824 OF 2017 2
documents on record and the pleadings put forth by the petitioners.
W.P.(C). NO. 824 OF 2017 3
respondents, petitioners will be at liberty to file necessary objection to the same. All the contentions raised in the writ petition can be taken by the petitioners in the objection so filed, which shall be considered by the competent among second and third respondents and proceed only in accordance with law.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE
DCS
2 issues framed by the court
Whether a notice could have been issued to the petitioners before the respondents initiated measurement on the petitioners' property.
What directions are necessary to ensure due process is followed regarding future enquiries on the property.
1 provisions across 1 enactments
Panginikadan Anaiz
Jinasmon
State of Kerala
The Tahsildar, Perinthalmanna
The Village Officer, Mankada
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
