Remanded

Abdul Hameed T.P., v. Revenue Divisional Officer

Kerala HC7 Feb 2023WP(C)/640/2023

Case brief

AI extract

What is this about?

The High Court set aside an order by the Revenue Divisional Officer excluding petitioners' land from the land records data bank. The court directed a fresh reconsideration with notice to the petitioners, noting that the previous order ignored relevant preceding proceedings and a remote sensing report.

What did the court decide?

Ext.P10 order set aside and directed reconsideration of the matter with notice to petitioner and consideration of Exts.P8 and P11 within six weeks.

Abdul Hameed T.P., Vs Revenue Divisional Officer — Civil Procedure and Limitation | 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 7^TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944

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WP(C) NO. 640 OF 2023

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PETITIONERS:

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1 ABDUL HAMEED T.P., AGED 72 YEARS RAINBOW HOUSE, ARTIST ROAD, KANATHOOR WARD, KANNUR P.O., PIN - 670001

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2 KOYAMADATHIL KHADEEJA RAINBOW HOUSE, MADAYI, CHOOTTAD P. O., KANNUR, PIN - 670304

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3 E.K. ABDUL HAMEED PAP HOUSE, MADAYI P. O., PAZHAYANGADI, KANNUR, PIN - 670303

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4 DR. P.A. PADMANBHAN PLOT 123 GOLDEN ENCLAVE, THOTTADA P. O., KANNUR, PIN - 670007

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5 PRASANTHAN MADATHIL S/O. NARAYANAN NAIR, MADATHIL HOUSE, CHIRAKKAL P.O., KANNUR, PIN - 670001

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6 P. MOHAMMED ASHRAF S/O. PANTHANTAVIDE KUTTIALI, ANAYIDUKKU, P.O. THANNA, KANNUR, PIN - 670012

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7 MEETHALAKATH MOHAMOOD S/O. ABDUL RAHIMAN, NEAR DEO OFFICE, PALISSERY, THALASSERY, PIN - 670101 BY ADVS. K.I.MAYANKUTTY MATHER T.K.SREEKALA KALLIYANI KRISHNA B.

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WP(C) NO. 640 OF 2023

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICE, TALIPARAMBA P.O, REVENUE TOWER, COURT ROAD, KANNUR., PIN - 670141

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2 TAHSILDAR (LAND RECORDS) TALIPARAMBA TALUK OFFICE, TALIPARAMBA P.O, REVENUE TOWER, COURT ROAD, KANNUR., PIN - 670141

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3 LOCAL LEVEL MONITORING COMMITTEE FOR CHEMBILODE REPRESENTED BY ITS AGRICULTURAL OFFICER, KRISHI BHAVAN, CHEMBILODE, MOWANCHERY P.O., KANNUR, PIN - 670613

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4 SECRETARY CHEMBILODE GRAMA PANCHAYATH, CHEMBILODE, CHALA P.O, KANNUR, PIN - 670621

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BY ADVS. GOVERNMENT PLEADER R.RAJPRADEEP

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SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 640 OF 2023

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JUDGMENT

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Dated this the 7^th day of February, 2023

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This writ petition is filed seeking the following reliefs:-

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(a) Call for the records of the case leading to the issuance of Ext. P10 proceedings from the 1^st respondent and quash the same by issuance of a writ of certiorari or other appropriate writ or order.

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(b) Issue a writ of mandamus or other appropriate writ or order directing the 1^st respondent to delete the inclusion of the petitioners’ land (67 cents) comprised in Re. Sy. No.50/106 and Re.Sy. No.50/105 (Old Sy. No. 50/1) of Chembilode Village, Kannur Taluk from the Data Bank and consequential orders may be issued within a short time being fixed by this Hon'ble Court;

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Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the Panchayath.

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It is submitted by the learned counsel for the petitioners that the petitioners' property having an extent of approximately 80 cents in survey nos. 50/106 and 50/105 of Chembilode Village, Kannur Taluk was wrongly included in the data bank and the petitioners had submitted an application for removing the same. The request made by the petitioners has been rejected without reference to Ext.P11

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WP(C) NO. 640 OF 2023

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report of the KSREC, which would show that the property had been converted prior to 5/1/2008. It is submitted that it was only due to certain confusion with regard to the identity of the property that Ext.P10 order have to be passed.

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Having considered the contentions advanced and having considered Ext.P10 order dated 22/10/2022 as also Ext.P11 report, I am of the opinion that the issue requires a consideration. Ext.P10 order does not consider either Ext.P8 proceedings or Ext.P11 report of the KSREC.

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In the above view of the matter, Ext.P10 order is set aside. There will be a direction to the Revenue Divisional Officer to reconsider the matter with notice to the petitioner and taking note of Exts.P8 and P11 and to pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this judgment

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 640 OF 2023

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APPENDIX OF WP(C) 640/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF DOCUMENT NO. 285/2010 OF KADACHIRA SUB REGISTRY OFFICE DATED 22.01.2010

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Exhibit P2 TRUE COPY OF DOCUMENT NO. 932/2010 OF KADACHIRA SUB REGISTRY OFFICE DATED 12.3.2010

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Exhibit P3 TRUE COPY OF DOCUMENT NO. 3807/2014 OF KADACHIRA SUB REGISTRY OFFICE DATED 13.11.2014

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Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY CHEMBILODE GRAMA PANCHAYATH DATED 11.11.2022 CONFIRMING THE EXISTENCE OF A BUILDING IN THE SUBJECT PROPERTY BEARING DOOR NO. CP 16/197

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Exhibit P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 3.11.2022 EVIDENCING PAYMENT OF PROPERTY TAX IN RESPECT OF THE BUILDING SITUATED IN THE SUBJECT PROPERTY

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Exhibit P6 TRUE COPY OF THE INFORMATION GATHERED UNDER THE RIGHT TO INFORMATION ACT DATED 7.6.2022

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Exhibit P7 TRUE COPY OF THE DATA BANK EXTRACT

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Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KANNUR DATED 02.12.2010

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Exhibit P9 TRUE COPY OF THE APPLICATION PUT IN BY THE 1ST PETITIONER DATED 14.09.2021 IN FORM NO. 5

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Exhibit P10 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 22.10.2022

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Exhibit P11 TRUE COPY OF THE REPORT OF THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE (KSREC) IN RESPECT OF THE SUBJECT PROPERTY UNDER THE RIGHT TO INFORMATION ACT DATED 26.8.2021

Abdul Hameed T.P., v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Abdul Hameed T.P., v. Revenue Divisional Officer

Case brief

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What did the court decide?

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