Partly allowed

Kunhimuhammed v. the Revenue Divisional Officer

Kerala HC1 Mar 2023WP(C)/24694/2022

Case brief

AI extract

What is this about?

Petitioner challenged the Revenue Divisional Officer's order refusing land regularisation. The court directed the respondent to reconsider the petitioner's Form No.6 application under Section 27A, considering the Village Officer's report that the plot fell below 25 cents, and set aside the impugned order.

What did the court decide?

Directions to reconsider Form No.6 application considering Ext.P3 report; Ext.P5 order set aside; decision within two months.

Kunhimuhammed Vs the Revenue Divisional Officer — Land Acquisition | Kerala HC (2023)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944

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WP(C) NO. 24694 OF 2022

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PETITIONER/S:

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KUNHIMUHAMMED
AGED 67 YEARS
S/O.ABOOBACKER HAJI, MANNILTHODI KOLLETT HOUSE,
KEEZHUPARAMBU, MALAPPURAM DISTRICT, PIN - 673639
BY ADVS.
BABU S. NAIR
SMITHA BABU

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RESPONDENT/S:

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1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322

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2 THE VILLAGE OFFICER KEEZHUPARAMBU, MALAPPURAM DISTRICT, PIN – 673639.

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GOVERNMENT PLEADER SRI.RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 24694 OF 2022

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VIJU ABRAHAM, J

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WP(C) No.24694 of 2022

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Dated this the 1st day of March 2023

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The petitioner challenging Ext.P5 communication issued by the 1st respondent and seek for a direction to regularise the land of the petitioner, in the light of Clause 1 of Ext.P2 Government Order, without any demand of money as fees for regularisation.

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Petitioner is the owner in possession of 0.0931 Hectors (23 cents) of properties comprised in Survey No.58/8-11 in Block No.20 of the Keezhuparambu Village in Malappuram District as is evident from Ext.P1 possession certificate. Though the description of the properties is nilam in the revenue records, the same is not included in the data bank and therefore the properties of the petitioner is an unnotified land for the purpose of Section 27A of the Kerala Conservation of Paddy Land and Wetland Act.

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For regularising the land, the petitioner had made an application in Form No.6 before the first respondent . The

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WP(C) NO. 24694 OF 2022

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contention of the petitioner is that since the land is below 25 cents and the same has been lying so even before 30.12.2017, no fee is required to be paid for regularisation as per Government Order dated 25.02.2021.

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The petitioner submitted that initially he and his brother were having joint ownership and possession of 28 cents of properties out of which, they sold 5 cents of property to a third party and the remaining 23 cents were lying together and subsequently the brother of the petitioner had given complete rights to the petitioner over the properties by executing a release deed.

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The first respondent has called for a report from the second respondent and Ext.P3 report has been submitted. Second respondent specifically stated in Ext.P3 report that the properties were lying as a single plot and the same is below 25 cents of land, before 30.12.2017. Ext.P4 is an affidavit submitted by the petitioner in this regard.

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The first respondent without taking into all these aspects especially Ext.P3 and Ext.P4, mechanically issued Ext.P5 without assigning any reason.

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WP(C) NO. 24694 OF 2022

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After hearing both sides, I am of the opinion that

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Form No.6 application dated 18.08.2021 submitted by the petitioner it is to be reconsidered by the first respondent in the light of Ext.P3 report of the Village Officer. Petitioner submitted that he is ready to produce any other documents to the satisfaction of the first respondent. Therefore, the writ petition is disposed of with a direction to the first respondent to reconsider Form No.6 application submitted by the petitioner on 18.08.2021 taking into consideration Ext.P3 report of the Village Officer and also on the basis of any other documents submitted by the petitioner. A decision shall be taken by the first respondent after affording an opportunity of being heard to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. To facilitate a proper disposal of matter as directed above, Ext.P5 communication is set aside.

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Writ Petition is disposed of as above.

sd/-

VIJU ABRAHAM, JUDGE

R.AV

WP(C) NO. 24694 OF 2022

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APPENDIX OF WP(C) 24694/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED IN RESPECT OF THE PROPERTIES OF THE
PETITIONER BY THE 2ND RESPONDENT DATED,
17-6-2022.

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Exhibit P2A TRUE COPY OF THE GOVERNMENT ORDER AS
NO.GO(MS)1166/2021 DATED, 25-2-2021.

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Exhibit P3A TRUE COPY OF THE REPORT SUBMITTED BY THE
2ND RESPONDENT TO THE 1ST RESPONDENT
DATED, 26-3-2022.

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Exhibit P4A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE PETITIONER DATED, 26-3-2022.
Exhibit P5A TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED, 6-5-2022

Kunhimuhammed v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Kunhimuhammed v. the Revenue Divisional Officer

Case brief

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What did the court decide?

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