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The Thazhathangady Muslim Jamaath, v. the Revenue Divisional Officer-Kottayam

Kerala HC7 Jun 2024WP(C)/10876/2024

Case brief

AI extract

What is this about?

Writ petition challenging an order denying conversion of property tenure to 'purayidam' without payment. Court relied on precedents favoring the petitioners, quashed the impugned order, and directed the respondent to pass fresh orders on the pending application within six weeks.

What did the court decide?

Quashed Ext.P8; directed 2nd respondent to pass fresh orders on Form A application within six weeks without insisting payment.

The Thazhathangady Muslim Jamaath, Vs the Revenue Divisional… — Land Acquisition | Kerala HC (2024)

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WP(C) NO. 10876 OF 2024

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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 MOHAMMED NIAS C.P.

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FRIDAY, THE 7^TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 WP(C) NO. 10876 OF 2024

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PETITIONERS:

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1 THE THAZHATHANGADY MUSLIM JAMAATH, THAZHATHANGADY P.O., KOTTAYAM, REPRESENTED BY ITS GENERAL SECRETARY- K.K. ABDUL NAZAR, AGED 63 YEARS, S/O. LATE KOCHUMOHAMMED, MADEENA MANZIL, KUMMANAM P.O., KOTTAYAM, PIN – 686005.

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2 THE PRESIDENT, THE THAZHATHANGADY MUSLIM JAMAATH, THAZHATHANGADY P.O., KOTTAYAM, PIN – 686005.

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BY ADVS.M/S.LIJI.J.VADAKEDOM, REXY ELIZABETH THOMAS,ATHUL V. VADAKKEDOM & TOM E. JACOB

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER-KOTTAYAM, OFFICE OF THE KOTTAYAM REVENUE DIVISIONAL OFFICER,KOTTAYAM, PIN – 686001.

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2 THE TAHSILDAR (LR)-KOTTAYAM, TALUK OFFICE-KOTTAYAM, KOTTAYAM, PIN – 686001.

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3 THE VILLAGE OFFICER-THIRUVARPU, VILLAGE OFFICE- THIRUVARPU,THIRUVARPU P.O., KOTTAYAM DISTRICT, PIN – 686020.

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SMT.DEVI SHRI R., GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10876 OF 2024

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..2..

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MOHAMMED NIAS C. P. , J.

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============================ W. P. (C) No. 10876 of 2024

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============================ Dated this the 7^th day of June, 2024

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J U D G M E N T

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The Writ Petition is filed for a direction to the 2^nd respondent to permit the petitioners to convert the tenure of the property to the 1^st petitioner covered by Ext.P7 order, passed under the Kerala Land Utilization Order, 1967, as 'purayidam' without insisting any payment as per Sec.27A(2) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008.

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Both sides submit that the issue is covered in favour of the petitioners by the judgments of this Court in Sealand Builders Pvt. Ltd. (M/s.) v. Revenue Divisional Officer, Fortkochi reported in [2020 (5) KLT 56] and District Collector, Ernakulam & Ors. v. Fr. Jose Uppani & Ors. [2020 (4) KHC 394].

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In view of the above, Ext.P8 is quashed. There will be a direction to the 2^nd respondent to pass fresh orders on the Form A application preferred by the petitioners on 1.1.2024 within six weeks from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of as above.

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MOHAMMED NIAS C. P., JUDGE

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MMG

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WP(C) NO. 10876 OF 2024

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APPENDIX OF WP(C).NO.10876/2024

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	THE COPY OF THE PETITION DATED 27.2.2017 FILED BEFORE THE 3RD RESPONDENT-RDO UNDER KLU ORDER
EXHIBIT P2	THE COPY OF THE STATUS REPORT DATED 29.8.2017 SUBMITTED BY THE 3RD RESPONDENT
EXHIBIT P3	THE COPY OF THE ORDER NO.B3101/2017
	DATED 1.7.2017 PASSED BY THE 3RD RESPONDENT
EXHIBIT P4	THE COPY OF THE JUDGMENT DATED 13.4.2018 IN W.P.(C)NO.10032/2018 OF THIS HONOURABLE COURT
EXHIBIT P5	THE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE 1ST PETITIONER RECEIVED BY THE RDO ON 26.5.2018
EXHIBIT P6	A COPY OF THE REPORT DATED NIL SUBMITTED BY AGRICULTURAL OFFICER,
	THIRUVARPU, KOTTAYAM BEFORE THE 3RD RESPONDENT
EXHIBIT P7	A COPY OF THE ORDER NO. B- 3101/2017/K.DIS DATED 7.7.2018 ISSUED BY RDO, KOTTAYAM
EXHIBIT P8	A COPY OF THE COMMUNICATION NO. TLKKTM/44/2022-K4 DATED 4.1.2024 ISSUED BY THE 2ND RESPONDENT

The Thazhathangady Muslim Jamaath, v. the Revenue Divisional Officer-Kottayam

Case brief

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The Thazhathangady Muslim Jamaath, v. the Revenue Divisional Officer-Kottayam

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