Disposed

Geetha Mohan v. Distrtict Collector, Alappuzha District

Kerala HC28 Nov 2023WP(C)/37339/2023

Case brief

AI extract

What is this about?

This writ petition challenged the classification of garden land as 'Nilam' by the Tahsildar, contradicting the Collector's order setting aside such classification. The High Court directed the Tahsildar to take a final decision within one month and directed the Revenue Divisional Officer to dispose of a related appeal.

What did the court decide?

Direction to the Tahsildar to take a final decision pursuant to the Collector's order within one month; direction to the Revenue Divisional Officer to dispose of a related appeal.

Geetha Mohan Vs Distrtict Collector, Alappuzha District — Landlord and Tenant | 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 MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF NOVEMBER 2023/7TH AGRAHAYANA, 1945
WP(C) NO. 37339 OF 2023

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PETITIONERS:

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1GEETHA MOHAN
AGED 59 YEARS
WIFE OF MOHANNAN,
ATHIRA 1ST CROSS ROAD,
CHINNATHATHA LAYOUT,
RR COLLEGE ROAD,
BANGALURU FROM ATHIR,
S. L PURAM, P O,
MARARIKULAM NORTH VILLAGE,
ALAPPUZHA DISTRICT,
PIN – 688 523.
2SHEELA
AGED 49 YEARS
W/O. SANJEEV, PANNISSERIL,
MARARIKULAM NORTH VILLAGE,
CHERTHALA TALUK,
ALAPPUZHA DISTRICT
REPRESENTED BY POWER OF ATTORNEY HOLDER
RAJAN C, S/O. CHIUDAMBARAN,
RAJBHAVAN, S. L PURAM P. O,
ALAPPUZHA DISTRICT,
PIN – 688 523.

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BY ADVS.
C.G.BINDU
AJITHA C.G.

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RESPONDENTS:

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1DISTRICT COLLECTOR,
ALAPPUZHA DISTRICT
CIVIL STATION, ALAPPUZHA,
PIN – 688 001.
2REVEDNUE DIVISIONAL OFFICER,
ALAPPUZHA
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
DISTRICT COURT ROAD,
ALAPPUZHA,
PIN – 688 001.
3THAHASILDAR (LR)
CHERTHALA TALUK, OFFICE OF THAHASILDAR,

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WP(C).No.37339 OF 2023

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MINI CIVIL STATION,
CHERTHALA P. O,
ALAPPUZHA DISTRTICT,
PIN – 688 524.

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4VILLAGE OFFICER
MARARIKULAM NORTH VILLAGE,
MARARIKULAM P. O,
ALAPPUZHA DISTRICT,
PIN – 688 523.

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SMT. DEEPA NARAYNAN – SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C).No.37339 OF 2023

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JUDGMENT

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The 1^st petitioner is the absolute owner in

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possession of an extent of 16.15 Ares of garden land in Re-Survey No.99/2/2 in Block No.31 of Mararikulam North Village covered by Ext.P1 sale deed. The petitioner applied for mutation of the aforesaid property. While so, the 3^rd respondent, the Tahsildar (LR) changed the entry in the BTR as regards the nature of the land as ‘Nilam’. Accordingly, the 2^nd petitioner approached the 1^st respondent, the District Collector and the 1^st respondent vide Ext.P10, set aside the proceedings of the Tahsildar (LR) changing the entry in the BTR as ‘Nilam’ and directed the 3^rd respondent to hear the 2^nd petitioner before changing the classification of the land in the BTR. Though, pursuant to Ext.P10, the Tahsildar (LR) heard the 2^nd petitioner, no orders are so far passed pursuant to Ext.P10. The limited prayer of the petitioners is for

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WP(C).No.37339 OF 2023

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finalising the proceedings before the Tahsildar (LR) as

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directed in Ext.P10.

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Heard the learned counsel for the petitioners

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and the learned Government Pleader.

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There will be a direction to the 3^rd respondent to take final decision pursuant to Ext.P10 order of the

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1^st respondent, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. There will be a further direction to the 2^nd respondent to dispose of Ext.P12 appeal filed by the 1^st petitioner, as expeditiously as possible, after taking into account the order to be passed by the Tahsildar (LR) as directed above.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.37339 OF 2023

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APPENDIX

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PETITIONER’S EXHIBITS :-

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EXHIBIT P 1TRUE COPY OF THE SALE DEED NO.325/2022
DATED 18.02.2022 OF PUTHENAMBALAM SUB
REGISTRY.
EXHIBIT P2TRUE COPY OF THE TAX RECEIPT DATED
05.06.2003 FOR THE PERIOD 2003-2004
ISSUED BY THE 4TH RESPONDENT DATED
05.06.2003 TO THE 2ND PETITIONER.
EXHIBIT P2(a)TRUE COPY OF THE TAX PAID RECEIPT DATED
07.07.2005 FOR THE PERIOD UPTO 2006
ISSUED BY THE 4TH RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT P2(b)TRUE COPY OF THE TAX PAID RECEIPT DATED
13.05.2020 FOR THE PERIOD 2020-2021
ISSUED BY THE 4TH RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT P3TRUE COPY OF THE RELEVANT EXTRACT OF
BASIC TAX REGISTER OF MARARIKULAM NORTH
VILLAGE IN CHERTHALA TALUK SHOWING RE-
SURVEY NO.99/2.
EXHIBIT P3(a)TRUE COPY OF THANDAPER ACCOUNT OF THE
2ND PETITIONER WITH TP NO.4526 SHOWING
THE NATURE OF LAND AS `PURAYIDAM.
EXHIBIT P4TRUE COPY OF THE FIELD MAP OF RE-SURVEY
NO.99 IN BLOCK NO.31 OF MARARIKULAM
NORTH VIIIAGE.
EXHIBIT P5TRUE COPY OF THE EXTRACT OF DATA BANK
REGISTER SHOWING PROPERTIES INCLUDED
BEFORE AND AFTER SURVEY NO.99.
EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED
06.08.2021 IN W.P.(C) NO.10202/2021.
EXHIBIT P7TRUE COPY OF THE THANDAPER ACCOUNT DATED
01.07.2022 ISSUED BY THE VILLAGE OFFICER
SHOWING THE NATURE OF LAND AS "NILAM".
EXHIBIT P8TRUE COPY OF THE JUDGMENT DATED
24.05.2022 IN W.P.(C) NO.12590/2022.
EXHIBIT P9IN THE NAME OF THE LST PETITIONER WITH
TP ACCOUNT NO.13729. TRUE COPY OF THE
LAND TAX PAID RECEIPT DATED 11.07.2022.

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WP(C).No.37339 OF 2023

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6

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`EXHIBIT`	`P10` `TRUE COPY` `OF THE 1ST`	`OF THE ORDER DATED 25.04.2023` `RESPONDENT.`
`EXHIBIT`	`P11` `PHOTOGRAPH` `PROPERTY.`	`TAKEN FROM THE MIDDLE OF THE`
`EXHIBIT` `EXHIBIT`	`P11(a)` `PHOTOGRAPH` `AND PWD RO` `P11(b)` `PHOTOGRAPH` `BOUNDARY` `EASTERN BO`	`SHOWING THE VIEW OF THE GATE` `AD ON THE SOUTHERN BOUNDARY.` `SHOWING THE ALUMINIUM SHEET` `AND PANCHAYAT ROAD ON THE` `UNDARY.`
`EXHIBIT`	`P11(c)` `PHOTOGRAPH` `THE SOUTHE`	`SHOWING THE P.W.D. ROAD ON` `RN BOUNDARY.`
`EXHIBIT`	`P11(d)` `3 PHOTOGRA` `LAND.`	`PHS TAKEN FROM INSIDE OF THE`
`EXHIBIT`	`P12` `TRUE COPY` `NO.553/202`	`OF THE APPEAL FILED AS S.R.` `2 DATED 24.08.2022.`

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RESPONDENTS EXHIBITS: NIL.

Geetha Mohan v. Distrtict Collector, Alappuzha District

Case brief

What is this about?

What did the court decide?

Geetha Mohan v. Distrtict Collector, Alappuzha District

Case brief

What is this about?

What did the court decide?

What the court decided

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