Allowed

Geo Kuriakose v. the Geologist

Kerala HC20 Oct 2020WP(C)/2540/2019

Case brief

AI extract

What is this about?

Writ petition challenging an order denying dealer's licence for land classified as 'nilam' instead of 'purayidam'. The Court set aside the order relying on Basic Tax Register entries, directing the Geologist to issue the licence treating the land as 'purayidam' within four weeks.

What did the court decide?

The impugned order is set aside. The Geologist is directed to consider the application for dealer's licence treating the land as 'purayidam' within four weeks.

Geo Kuriakose Vs the Geologist — Land Acquisition | Kerala HC (2020)

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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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TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942

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WP(C).No.2540 OF 2019(N)

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PETITIONERS:

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1 GEO KURIAKOSE, AGED 40 YEARS, BUSINESS, S/O. KURIAKOSE, THACHAPPILLY HOUSE, NEDUVANNOOR, CHOWARA P.O., ALUVA, ERNAKULAM - 683 571.

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2 JAIJO, AGED 41 YEARS, BUSINESS, S/O. YOHANNAN, THACHAPPILLY HOUSE, NEDUVANNOOR, CHOWARA P.O., ALUVA, ERNAKULAM - 683 571.

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3 T.O. GEORGE, AGED 45 YEARS, BUSINESS, S/O. OUSEPH, THACHAPPILLY HOUSE, NEDUVANNOOR, CHOWARA P.O., ALUVA, ERNAKULAM - 683 571.

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4 T.O. POULOSE, AGED 53 YEARS, BUSINESS, S/O.OUSEPH, THACHAPPILLY HOUSE, NEDUVANNOOR, CHOWARA P.O., ALUVA, ERNAKULAM - 683 571.

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BY ADVS. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SRI.C.MURALIKRISHNAN (PAYYANUR) SMT.USHA NARAYANAN

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RESPONDENTS:

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1 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KAKKANAD P. O., KOCHI - 682 030.

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2 CHENGAMANAD GRAMA PANCHAYTH, NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT - 683 578. REPRESENTED BY ITS SECRETARY

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3 THE VILLAGE OFFICER, CHENGAMANAD VILLAGE, NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT - 683 578.

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*ADDL.R 4 THE REVENUE DIVISIONAL OFFICER, KB JACOB ROAD, FORT KOCHI, KOCHI, PIN - 682 001.

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*ADDITIONAL 4TH RESPONDENT SUO MOTU IMPLEADED AS PER ORDER DATED 24.07.2020.

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BY ADVS. SRI.ANIL K.MOHAMMED SRI.S GOPINATHAN. SR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2540 OF 2019(N)

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JUDGMENT

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Dated this the 20th day of October 2020

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This writ petition pertains to an issue related to the

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nature of land comprised in Survey Nos.131/18 and 132/9 in Chengamanad Village, Aluva Taluk.

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As seen from Ext.P1 possession certificate, the land is classified as purayidam . This is also fortified by Exts.P25 & 26 tax receipts issued by the 3^rd respondent-Village Officer. However, the receipts issued earlier in respect of the land aforementioned along with other land which was mentioned as a nilam . Admittedly, it is not included as nilam in data bank. The issue has arisen when the petitioners applied for dealer's licence. Noting that in the possession certificate produced before the Geologist, the land was described as nilam, the Geologist by Ext.P20 sought opinion of the Revenue Divisional Officer (RDO).

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It appears that originally, the land in question was treated as nilam in the settlement register. However, by change of time, taking note of the nature of the land, it was described

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as a purayidam in BTR. It is to be noted that no one has a case

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WP(C).No.2540 OF 2019(N)

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that the petitioners have reclaimed the land after the Kerala Conservation of Paddy Land and Wetland Act, 2008 ( Act 28 of 2008) came into force.

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The entry in BTR is decisive in the matter. Exts. P10 and P11 are the extract of BTR. These entries would show that the land in question is a purayidam .

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The learned counsel for the petitioner placing reliance on the judgment of this Court in [2020 (4) KHC 33], argued that when there is a conflict between the settlement register and BTR, BTR will have to be followed. It is also to be noted that under Section 18 of the Land Tax Act, 1961 the period for correcting any wrong entry in BTR is fixed as four years. The entry in BTR appears to have been there for a long period.

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6. This Court in the aforesaid judgment succinctly laid

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down in regard to the credibility of the entry in BTR as follows:

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9. That apart, it is the admitted case of the respondents that it is after due survey and inspection of the subject property that the land was earlier classified as 'garden land' or 'purayidam', which is clearly recorded in the Basic Tax Register in relation to the subject property. Therefore, the said description in the vital statutory document like BTR as per R.4 cannot be disturbed merely because of the respondents find

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WP(C).No.2540 OF 2019(N)

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subsequently that there are some old records like the old settlement register, which show the description of the property otherwise. The said approach of the respondents is to say the least arbitrary and against the statutory provisions and therefore it is illegal and ultra vires.”

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I am in respectful agreement with the opinion of the learned judge in the above case.

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In such circumstances, I am of the view that the impugned order has to be set aside. Accordingly, it is set aside. The Geologist is directed to consider the application for dealer's licence, treating the land in question as a purayidam . Needful shall be done within a period of four weeks.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv

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WP(C).No.2540 OF 2019(N)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF POSSESSION CERTIFICATE DATED 14.01.2019 ISSUED BY VILLAGE OFFICER, CHENGAMANAD
EXHIBIT P2	TRUE COPY OF LOCATION SKETCH DATED 14.01.2019 ISSUED BY VILLAGE OFFICER, CHENGAMANAD
EXHIBIT P3	TRUE COPY OF LICENSE DATED 15.12.2004 ISSUED BY CHENGAMANAD GRAMA PANCHAYAT
EXHIBIT P4	TRUE COPY OF LICENSE DATED 03.12.2005 ISSUED BY CHENGAMANAD GRAMA PANCHAYAT
EXHIBIT P5	TRUE COPY OF LICENSE DATED 01.04.2006 ISSUED BY CHENGAMANAD GRAMA PANCHAYAT
EXHIBIT P6	TRUE COPY OF LICENSE DATED 27.03.2008 ISSUED BY CHENGAMANAD GRAMA PANCHAYAT
EXHIBIT P7	TRUE COPY OF DEALER'S LICENSE DATED 12.05.2006 ISSUED BY THE GEOLOGIST, ERNAKULAM
EXHIBIT P8	TRUE COPY OF DEALER'S LICENSE DATED 17.10.2007 ISSUED BY THE GEOLOGIST, ERNAKULAM
EXHIBIT P9	TRUE COPY OF OWNERSHIP CERTIFICATE DATED 11.11.2005 ISSUED BY CHENGAMANAD GRAMA PANCHAYAT
EXHIBIT P10	TRUE COPY OF BASIC TAX REGISTER DATED 17.12.2018 MAINTAINED BY CHENGAMANAD VILLAGE OFFICE
EXHIBIT P11	TRUE COPY OF BASIC TAX REGISTER DATED 17.12.2018 MAINTAINED BY CHENGAMANAD VILLAGE
EXHIBIT P12	TRUE COPY OF THE RELEVANT PAGE OF DATA BANK ISSUED BY THE AGRICULTURAL OFFICER, CHENGAMANAD DESAM DATED 17.12.2018
EXHIBIT P13	TRUE COPY OF THE CONSENT TO OPERATE DATED 17.03.2009 ISSUED BY THE POLLUTION CONTROL BOARD.

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WP(C).No.2540 OF 2019(N)

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EXHIBIT P14 TRUE COPY OF NO OBJECTION CERTIFICATE DATED 02.11.2011 ISSUED BY CHENGAMANAD GRAMA PANCHAYAT EXHIBIT P15 TRUE COPY OF THE ORDER DATED 21.02.2012 PASSED BY THE KERALA STATE HUMAN RIGHTS COMMISSION EXHIBIT P16 TRUE COPY OF THE ORDER DATED 23.10.2018 ISSUED BY THE GEOLOGIST, ERNAKULAM EXHIBIT P17 TRUE COPY OF CHALLAN DATED 21.02.2018 EXHIBIT P18 TRUE COPY OF CHALLAN DATED 03.12.2018 EXHIBIT P19 TRUE COPY OF THE CERTIFICATE DATED 17.12.2018 ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD EXHIBIT P20 TRUE COPY OF THE LETTER DATED 17.12.2018 ISSUED BY THE GEOLOGIST TO THE REVENUE DIVISIONAL OFFICER EXHIBIT P21 TRUE COPY OF THE ORDER DATED 17.12.2018 ISSUED BY THE GEOLOGIST EXHIBIT P22 TRUE COPY OF THE CERTIFICATE DATED 17.10.2019 ISSUED BY CHENGAMANAD PANCHAYAT (2ND RESPONDENT). EXHIBIT P23 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 01.10.2020 ISSUED BY CHENGAMANAD PANCHAYAT (2ND RESPONDENT). EXHIBIT P24 TRUE COPY OF THE TAX RECEIPT KL07040105395/2019 DATED 27.06.2019 ISSUED BY VILLAGE OFFICER, CHENGAMANAD (3RD RESPONDENT). EXHIBIT P25 TRUE COPY OF THE TAX RECEIPT KL07040107358/2020 DATED 25.09.2020 ISSUED BY VILLAGE OFFICER, CHENGAMANAD (3RD RESPONDENT). EXHIBIT P26 TRUE COPY OF THE TAX RECEIPT KL07040107359/2020 DATED 25.09.2020 ISSUED BY VILLAGE OFFICER, CHENGAMANAD (3RD RESPONDENT).

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WP(C).No.2540 OF 2019(N)

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1 A TRUE COPY OF THE SAID BASIC TAX RECEIPT OF 2017-2018

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EXHIBIT R1(b) TRUE COPY OF THE LETTER NO.DOE/312/E2/18 DATED 17/12/2018 EXHIBIT R(c) TRUE COPY OF THE LETTER NO.C8-2938/18 DATED 22/1/2019

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EXHIBIT R1(d) TRUE COPY OF THE SETTLEMENT REGISTER.

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//TRUE COPY//

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PA TO JUDGE

Geo Kuriakose v. the Geologist

Case brief

What is this about?

What did the court decide?

Geo Kuriakose v. the Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

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