Partly allowed

Immaculate Heart of Mary Church v. State of Kerala

Kerala HC11 Jul 2022WP(C)/5221/2021

Case brief

AI extract

What is this about?

This judgment consolidated three writ petitions filed by landowners challenging discrepancies in land surveys. The court, noting a settlement reached in a previous government meeting, disposed of the primary petition and permitted the withdrawal of the consolidated petitions.

What did the court decide?

Writ petition (C) No. 5221 of 2021 disposed of with direction to effect mutation; Writ Petitions (C) Nos. 19341 & 35987 of 2015 dismissed as withdrawn.

Immaculate Heart of Mary Church Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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MONDAY, THE 11^TH DAY OF JULY 2022 / 20TH ASHADHA, 1944

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WP(C) NO. 19341 OF 2015

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PETITIONER:

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C.K. JAYARAJAN AGED 49 YEARS S/O. KRISHNANKUTTY, CHALIYATH (H), NETTOOR P.O, THE JOINT SECRETARY, DHARMA PRASOBHINI SABHA, ARAKKAL MAHAKALI TEMPLE, NETTOOR, ERNAKULAM DIST - 682 040.

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BY ADVS. SRI. KRISHNADAS P. NAIR SRI. HARIDAS P.NAIR SMT. K.JYOTHY SMT. K.L.SREEKALA SMT. B.SABITHA SRI. K.R RAMESH

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPUTRAM - 695 001.

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2 THE VILLAGE OFFICER MARADU VILLAGE, ERNAKULAM DISTRICT - 682 304.

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3 THE TAHSILDAR KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 011.

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4 THE ADDITIONAL TAHSILDAR KANNAYANNUR TALUK, ERNAKULAM DISTRICT - 682 011.

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5 THE DEPUTY DIRECTOR OF SURVEY ERNAKULAM - 682 011.

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6 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD - 682 030.

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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7 THE SECRETARY MARADU MUNICIPALITY, MARADU P. O, ERNAKULAM DISTRICT - 682 304. 8 THE VICAR VIMALA HRUDAYA CHURCH, CHURCH OF IMMACULATE HEART OF MARY, NETTOOR – 682 040.

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SRI. C. N PRABHAKARAN – SR. GP SRI. S.VINOD BHAT KUM. ANAGHA LAKSHMY RAMAN SRI. N.C.JOSEPH SMT. GREESHMA CHANDRIKA.R SRI. T.R RAJAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).NOS.35987 OF 2015 & 5221 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 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 MURALI PURUSHOTHAMAN

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MONDAY, THE 11^TH DAY OF JULY 2022 / 20TH ASHADHA, 1944 WP(C) NO. 35987 OF 2015

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PETITIONER:

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ANILKUMAR M. K. AGED 39 YEARS S/O. KARUNAKARAN, MADHAVAPPILLIL, NETTOOR P. O, THE COMMITTEE MEMBER, THIRUNETTOOR MAHADEVAR TEMPLE ADVISORY COMMITTEE, REG. NO 85/02, NETTOOR P. O, KOCHI - 682 040.

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BY ADVS. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.JYOTHY SRI.M.RAJESH KUMAR SRI.K.R.RAMESH SMT.K.L.SREEKALA SMT.B.SABITHA SRI.M.A.VINOD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE VILLAGE OFFICER MARADU VILLAGE, ERNAKULAM DISTRICT - 682 304.

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3 THE TAHSILDAR KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 312.

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4 THE ADDITIONAL TAHSILDAR KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 312.

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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5 THE DIRECTOR OF SURVEY STATE OF KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 012.

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6 THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD - 682 030. 7 THE SECRETARY MARADU MUNICIPALITY, MARADU, ERNAKULAM - 682 304. 8 THE VICAR VIMALA HRIDAYA CHURCH, CHURCH OF IMMACULATE HEART OF MARY, NETTOOR - 682 040.

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SRI. S.VINOD BHAT KUM. ANAGHA LAKSHMY RAMAN SMT. GREESHMA CHANDRIKA.R SRI. N.C.JOSEPH SRI. T. R RAJAN SRI. C. N PRABHAKARAN – SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).NOS.19341 OF 2015 & 5221 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 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 MURALI PURUSHOTHAMAN

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MONDAY, THE 11^TH DAY OF JULY 2022 / 20TH ASHADHA, 1944

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WP(C) NO. 5221 OF 2021

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PETITIONER:

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IMMACULATE HEART OF MARY CHURCH NETTOOR – 682 040, REPRESENTED BY ITS VICAR-FR.PATRICK ELEVUNGAL.

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BY ADVS.

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SRI. S.VINOD BHAT KUM. ANAGHA LAKSHMY RAMAN SMT. GREESHMA CHANDRIKA.R

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

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2 DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM, PIN – 682 030.

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*3 THE TAHSILDAR, (CORRECTION) KANAYANNUR TALUK, ERNAKULAM – 682 011.

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*THE DESCRIPTION OF THE 3RD RESPONDENT IS SUO MOTU CORRECTED AS 'THE TAHASILDAR(LR)' KANAYANNUR TALUK, ERNAKULAM - 682 011 AS PER ORDER DATED 19-03-2021 IN WP(C)5221/21.

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4 VILLAGE OFFICER, MARADU VILLAGE, MARADU – 682 304.

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5 TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM – 682 011.

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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6 DISTRICT SURVEY SUPERINTENDENT, SURVEY AND LAND RECORDS DEPARTMENT, KAKKANAD, ERNAKULAM – 682 030.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).19341 & 35987 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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JUDGMENT

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W.P.(C) No.5221 of 2021

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According to the petitioner Church, they are in ownership and possession of 68.216 cents of land in Survey No.1684 in Maradu Village assigned to them by the Government as per Ext.P1 Patta. The petitioner states that pursuant to the assignment, mutation was effected and land tax is being paid in respect of the said land. According to the petitioner, at the time of re-survey, an extent of 12.6060 Ares was erroneously categorised as 'Sarkar Puramboke' in Block No.14, ReSurvey No.99/1. Though the petitioner made Ext.P7 application for correction of the said mistake before the 6^th respondent, no action was taken thereon. In the meantime, the petitioner was issued with Ext.P11 show cause notice as to why proceedings shall not be taken

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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against the petitioner under the Kerala Land Conservancy Act for unauthorised occupation of Government Puramboke land having an extent of 12.6060 Ares. The petitioner submitted Ext.P12 reply to Ext.P11. The petitioner has filed this writ petition to quash Ext.P11 and to declare that the property covered by Ext.P1 is the registered holding of the petitioner. It is stated by the petitioner that due to the pendency of W.P (C) Nos.12270 of 2010 and 19341 & 35987 of 2015, the request of the petitioner in Ext.P7 is not considered by the respondents. Along with I.A No.1 of 2022, the petitioner has produced Ext.P13 minutes of the meeting convened by the District Collector on 09.05.2022 in which a settlement was arrived at between the petitioner herein and the petitioners in W.P (C) Nos.12270 of 2010 and 19341 & 35987 of 2015.

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In the light of the settlement recorded in Ext.P13 minutes produced by the petitioner, the writ petition is disposed of with direction to respondents 3 and 4 to

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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effect mutation in respect of the balance extent of land

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covered by Ext.P1 Patta.

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W.P.(C) Nos.19341 & 35987 of 2015

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As per the terms of Ext.P13 minutes, the petitioners

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in W.P.(C) Nos.19341 & 35987 of 2015 are permitted to

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withdraw their writ petitions. Accordingly, W.P.(C) Nos.19341 & 35987 of 2015 are dismissed as withdrawn.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).Nos.19341 & 35987 OF 2015 and 5221 of 2021

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APPENDIX OF WP(C) 5221/2021

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	COPY OF THE PATTA DATED 20.05.1975 NO.1465 ISSUED BY 3RD RESPONDENT.
EXHIBIT P2	COPY OF THE BASIC TAX RECEIPT NO.21
	DATED 30.10.1974 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3	COPY OF THE BASIC TAX RECEIPT NO.1
	DATED 17.01.1976 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4	COPY OF THE BASIC TAX RECEIPT NO.19
	DATED 04.03.1978 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5	COPY OF THE BASIC TAX RECEIPT NO.36
	DATED 02.03.1979 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6	COPY OF THE BASIC TAX RECEIPT NO.10
	DATED 19.07.1985 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7	COPY OF THE APPLICATION DATED 25.08.2009 SUBMITTED BEFORE THE
	DISTRICT RE-SURVEY AND LAND RECORDS SUPERINTENDENT.
EXHIBIT P8	COPY OF COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT IN W.P(C) 31244/2009.
EXHIBIT P9	COPY OF JUDGMENT DATED 16.03.2010 IN
	W.P.(C)31244/2009 OF HIGH COURT OF KERALA.
EXHIBIT P10	COPY OF LETTER NO.CIII-827/19 DATED 11.11.2019 ISSUED BY 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P11	COPY OF NOTICE NO.H4-23532/19 DATED 16.12.2019 ISSUED BY 3RD RESPONDENT.
EXHIBIT P12	COPY OF REPLY LETTER DATED 03.01.2020 ISSUED TO THE 3RD RESPONDENT.
EXHIBIT P13	COPY OF MINUTES OF MEETING DATED 09.05.2022.

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RESPONDENTS EXHIBITS: NIL.

Immaculate Heart of Mary Church v. State of Kerala

Case brief

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Immaculate Heart of Mary Church v. State of Kerala

Case brief

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