Remanded

Muhammed @ Bapputty v. the Revenue Divisional Officer/Sub Collector

Kerala HC3 Aug 2023WP(C)/12880/2023

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order directing the petitioner to submit a Form-5 application. The court held that the petitioner's land is not in the Data Bank and directed the Revenue Divisional Officer to reconsider the Form-6 application within six weeks.

What did the court decide?

Ext.P3 set aside and the Revenue Divisional Officer directed to reconsider the Form-6 application within six weeks.

Muhammed @ Bapputty Vs the Revenue Divisional Officer/Sub Collector — Kerala HC (2023) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945

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WP(C) NO. 12880 OF 2023

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PETITIONER:

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MUHAMMED @ BAPPUTTY
AGED 62 YEARS
S/O KUNHAYAMU KATTEKATTU HOUSE , KIZHUMURI P.O,
PALAKKAD DISTRICT, PIN – 679 307.

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BY ADVS.

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P.K.SOYUZ
E.V.BABYCHAN

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, OTTAPALAM RDO OFFICE, OTTAPALAM P.O, PALAKKAD DISTRICT, PIN – 679 101.

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2 THE AGRICULTURAL OFFICER KOPPAM KRISHI BHAVAN, PULLASERY P.O , PALAKKAD DISTRICT, PIN – 679 307.

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3 THE VILLAGE OFFICER KOPPAM VILLAGE PULLASERY P.O , PALAKKAD DISTRICT, PIN – 679 307.

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BY ADV

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SMT. K M RESMI-SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No.12880 of 2023

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: 2 :

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JUDGMENT

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Dated this the 3^rd day of August, 2023

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The petitioner is owner of 1.21 Ares of land comprised in Re-Survey No.332/20 in Block No.25 of Koppam Village, Pattambi Taluk in Palakkad District.

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The petitioner states that the land was earlier described as Panchayat Pond. The petitioner approached the Tahsildar (LR) and sought correction of the entry. The Tahsildar (LR) corrected the entry as ‘Nilam’. Thereafter, the petitioner submitted an application and was assigned Survey No.332/20.

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Thereafter, the petitioner submitted a Form-6 application to the 1^st respondent-Revenue Divisional Officer seeking to change the nature of the land in Revenue records.

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The petitioner was thereupon informed as per Ext.P3 letter, to prefer a Form-5 application as the petitioner’s land is included in Data Bank.

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W.P.(C) No.12880 of 2023

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: 3 :

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The petitioner thereupon attempted to upload Ext.P5 Form-5 application. The system was not accepting the Ext.P5 application of the petitioner. Ext.P6 intimation required the petitioner to correct the Village Office record and to upload the application thereafter.

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Thereafter, the petitioner remitted the Land Tax online and again tried to upload the Form-5 application. At this point of time, the petitioner was given Ext.P8 reply indicating that no land is available with the Nilam/Nanja type.

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Heard.

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Ext.P8 would make it amply clear that the petitioner’s land now assigned with Survey No.332/20 is not included in the Data Bank. In the circumstances, the 1^st respondent-Revenue Divisional Officer is legally bound to reconsider the Form-6 application submitted by the petitioner dated 28.09.2021.

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In the circumstances, Ext.P3 is set aside. The 1^st respondent-Revenue Divisional Officer is directed to reconsider the Form-6 application submitted by the petitioner

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W.P.(C) No.12880 of 2023

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: 4 :

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and pass appropriate orders thereon as expeditiously as possible and at any rate within a period of six weeks.

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Writ petition is disposed of as above.

Sd/-

N. NAGARESH

JUDGE

AMR

W.P.(C) No.12880 of 2023

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: 5 :

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APPENDIX OF WP(C) 12880/2023

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE ORDER NO. D1 - 11568/
19 DATED 11.02.2021 OF THE TAHSILDAR
(LR) , PATTAMBI.

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Exhibit P2TRUE COPY OF THE LAND TAX RECEIPT
DATED 09.08.2021.

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Exhibit P3TRUE COPY OF THE LETTER DATED
05.02.02022 ISSUED BY THE 1ST
RESPONDENT.

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Exhibit P4TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK OF KOPPAM GRAMA PANCHAYATH.
Exhibit P5TRUE COPY OF THE APPLICATION IN FORM
NO. 5 DATED 10.02.2022.

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Exhibit P6TRUE COPY OF THE REPLY SENT BY THE 1ST
RESPONDENT THROW ONLINE DATED
07.01.2023.

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Exhibit P7TRUE COPY OF THE LAND TAX RECEIPT
DATED 12.10.2022.

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Exhibit P8TRUE PRINT OF THE REPLAY ISSUED BY THE
1ST RESPONDENT DATED 11/4/2023.

Muhammed @ Bapputty v. the Revenue Divisional Officer/Sub Collector

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Muhammed @ Bapputty v. the Revenue Divisional Officer/Sub Collector

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