Petitioner sought issuance of Record of Rights for land he claims as co-owner. Court noted pending application but found no statutory embargo on assignment. Directed Village Officer to dispose of application within one month.
Directed 3rd Respondent (Village Officer) to consider and dispose of Ext.P3 application by issuing Record of Rights within one month.
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.
WP(C) NO. 10297 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943 WP(C) NO. 10297 OF 2021
PETITIONER/S:
C.A.SHENEER AGED 45 YEARS S/O.ALIYAR, CHIRAPPILLIYIL HOUSE, VELOORKUNNAM VILLAGE, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 673.
BY ADVS. SRI.C.DILIP SMT.ANUSHKA VIJAYAKUMAR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 TAHSILDAR, MUVATTUPUZHA TALUK, MINI CIVIL STATION, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 669.
BY ADV SMT.K AMMINIKUTTY, SR.G.P.
WP(C) NO. 10297 OF 2021
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
It is the case of the petitioner that he along with one Hafiz Hameed are owners of property having an extent of 47.39 Ares comprised in Sy.Nos.943/4/2, 943/4/1 and 943/5 of Velloorkunnam Village. The said property was acquired on the strength of Ext.P1 Sale Deed. Out of the said property, 5 cents was agreed to be sold to a certain Sri.Shihabudheen. As per the understanding between the parties, the co-owners agreed to convince the purchase about their saleable interest by producing a Record of Rights (RoR) certificate from the 3rd respondent. Seeking issuance of the RoR certificate, Ext.P3 application was submitted. The grievance of the petitioner is that no action has been taken by the 3rd respondent on the said application. It is in the afore circumstances that the petitioner is before this Court seeking the following reliefs:
“a) Issue a writ in the nature of mandamus or any other writ, order or direction commanding Respondent No.3 to consider and dispose ExhibitP3 application by issuing Record of Rights (ROR) in favour of the petitioner, within a time as may be specified by this Hon’ble Court.”
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If RoR is issued, it may lead to violation of the provisions of the Kerala Conservation of Paddy and Wet Land Act, 2008. It is further submitted that the petitioner had also filled up the land with red soil violating the provisions of Act 28 of 2008.
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this judgment before the 3rd respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DSV/8.7.21
WP(C) NO. 10297 OF 2021
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APPENDIX OF WP(C) 10297/2021
PETITIONER(S) EXHIBITS:
EXHIBIT P1 TRUE PHOTO COPY OF SALE DEED NO.5787/2012 OF SRO, MUVATTUPUZHA DATED 16.10.2012. EXHIBIT P2 TRUE PHOTO COPY OF AGREEMENT FOR SALE DATED 17.04.2021 EXECUTED BY THE JOINT OWNERS OF THE PROPERTY WITH MR.SHIHABUDHEEN. EXHIBIT P3 TRUE PHOTOCOPY OF APPLICATION DATED 09.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT(S) EXHIBITS: NIL
2 issues framed by the court
Whether the Village Officer was justified in not considering the petitioner's application for Record of Rights.
Whether issuing a Record of Rights would violate the Kerala Conservation of Paddy and Wet Land Act, 2008 given the petitioner's filling of land with red soil.
2 provisions across 2 enactments
C.A. Sheneer
State of Kerala Represented by Secretary to Government, Revenue Department
Tahsildar, Muvattupuzha Taluk
The Village Officer, Velloorkunnam Village
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
