Allowed

K.O.Abraham v. the Revenue Divisional Officer

Kerala HC14 Dec 2021WP(C)/33210/2019

Case brief

AI extract

What is this about?

The Court allowed a writ petition challenging the rejection of a request to change the classification of land. Setting aside the impugned order (Ext.P7), the Court directed the 3rd respondent to reconsider the issue in light of the petitioner's affidavit stating the land's actual usage. A time limit for passing orders was fixed.

What did the court decide?

Ext.P7 is set aside; 3rd respondent is directed to reconsider the issue regarding land classification in light of the petitioner's affidavit.

K.O.Abraham Vs the Revenue Divisional Officer — Property and Title | Kerala HC (2021)

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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 T.R.RAVI

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021 / 23RD AGRAHAYANA, 1943

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WP(C) NO. 33210 OF 2019

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PETITIONER:

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K.O.ABRAHAM KULATHRAMANNIL HOUSE, THALAYAR MURI, KUTTOOR VILLAGE, THIRUVALLA.

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BY ADVS. T.P.PRADEEP S.SREEDEV NITHYA VIJAYAN SMT.MINIKUMARY M.V.

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THIRUVALLA- 689 001.

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2 THE AGRICULTURAL OFFICER/ CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE KRISHI BHAVAN, KUTTOOR P.O, THIRUVALLA- 689 106.

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3 TAHAZILDAR TALUK OFFICE, THIRUVALLA- 689 001.

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BY GOVERNMENT PLEADER SRI.VIPIN NARAYAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33210 OF 2019

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T.R. RAVI, J.

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-------------------------------------------- W. P. (C). No. 33210 of 2019

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Dated this the 14^th day of December, 2021

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JUDGMENT

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The petitioner has challenged Ext.P7 to the extent it declines change of classification of 20.05 Ares of land in Re-Survey No.69/9 shown as Nilam in the Data Bank. It is submitted that in Ext.P3, the property is shown as 20 cents Nilam and the balance as converted and house. The respondents have on direction filed a counter affidavit wherein it is stated in paragraph 4 as follows:

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“4. It is submitted that as per Exhibit P3 in Data Bank, land in question is described as 20 cents as Nilam (Paddy Land) and the remaining portion as reclaimed land with house. The site inspection conducted from the office of this respondent reveals that 3.91 Ares (9.65 Cents) out of 50 Cents (20.05 Ares) remained as water logged area which is in possession of the petitioner. An extent of 2.68 Ares (6.61 Cents) portion of the pond, the petitioner converted and reclaimed as dry land using for the way to his house. The change of nature of the land in question except the area which looks like pond can be

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WP(C) NO. 33210 OF 2019

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allowed as per the existing rules.”

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In the light of the above statement Ext.P7 needs to be set aside and the issue needs to be reconsidered by the 3^rd respondent in the light of the statement filed, the relevant portion of which is extracted above.

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In the result, the writ petition is allowed. Ext.P7 is set aside as regards the 2^nd paragraph of the order and the 3^rd respondent is directed to reconsider the issue in the light of the statement filed before this Court, the relevant portion of which is extracted above. Necessary orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE

WP(C) NO. 33210 OF 2019

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APPENDIX OF WP(C) 33210/2019

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SALE DEED DOCUMENT NO.2216/2006 SUB REGISTRAR OFFICE, THIRUVALLA.

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EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 11.09.2007 ISSUED BY THE SECRETARY, KUTTOOR GRAMA PANCHAYAT.

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EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK NOTIFIED IN KUTTOOR GRAMA PANCHAYAT.

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EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12.12.2014 IN W.P(C) NO.33490/2014. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 27.01.2015.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 30.05.2018 IN WP(C) NO.17512/2018. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 10.06.2019 ISSUED BY THE 3RD RESPONDENT.

K.O.Abraham v. the Revenue Divisional Officer

Case brief

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K.O.Abraham v. the Revenue Divisional Officer

Case brief

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