Petitioner holding land under a cancelled Kuthakapattom lease sought patta and permission to pay land tax. Government decided to survey KSEB holdings, obtain NOC, then assign per Kerala Land Assignment Act. Court directed the Government to reconsider the patta application within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945
WP(C) NO. 11818 OF 2021
PETITIONER:
SUNNY ABRAHAM, AGED 59 YEARS S/O. VARKEY ABRAHAM, EDAVAMKUNNEL HOUSE, KALLARKUTTY P.O., KALLARKUTTY, IDUKKI-685562.
BY ADVS. LIJIN THAMBAN MOBIN JACOB MRUDHUL.M.SHENOY
RESPONDENTS:
OTHER PRESENT:
SR.GP - PREETHA K.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.11818 of 2021
: 2 :
VIJU ABRAHAM, J.
JUDGMENT
The petitioner has approached this Court seeking a direction to respondents 2 and 3 to permit the petitioner to pay land tax in respect of the assigned land possessed by him and also for a direction to reconsider Ext.P6 application for issuance of patta.
W.P.(C). No.11818 of 2021 : 3 :
petitioner is that many other applicants similarly situated as of the petitioner was granted assignment under the Kerala Land Assignment Rules. The petitioner submits that the objection now raised in Ext.P7 is no longer available in view of Ext.P10 communication issued by the District Collector to the Government, wherein it is reported about the steps being taken for grant of patta in respect of the catchment area of Kallarkutty Dam also.
In view of the above, I am of the opinion that the matter requires reconsideration at the hands of the Government. Therefore, the writ petition is disposed of with a direction to the 1st respondent to take up Ext.P6 request made by the petitioner in the light of the observations made above. Further proceedings in the
W.P.(C). No.11818 of 2021
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matter shall be finalised, at the earliest, at any rate, within an outer limit of six months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and any other affected parties.
Sd/- VIJU ABRAHAM JUDGE
sm/
: 5 :
W.P.(C). No.11818 of 2021
APPENDIX OF WP(C) 11818/2021
| PETITION | ER EXHI | BITS | ||||
|---|---|---|---|---|---|---|
| Exhibit | P10 | TRUE COPY | O | F THE F | ILE | NO. DCIDK / |
| 1980/2018-C | 3 | DATED 06/ | 06/2 | 023 ISSUED BY | ||
| THE PRI DEPARTMENT |
NCI | PAL SEC |
RETA | RY, REVENUE |
||
| Exhibit | P2 | TRUE COPY 20/09/1954. |
OF |
THE LAND | TAX | RECEIPT DATED |
| Exhibit | P3 | TRUE COPY 11/02/1956. |
OF |
THE LAND | TAX | RECEIPT DATED |
| Exhibit | P4 | TRUE COPY KUTHAKAPATT ABRAHAM DAT |
OF OM ED |
THE NOTI LEASE G 18/10/196 |
CE RANT 3. |
CANCELLING THE ED TO VARKEY |
| Exhibit | P5 | TRUE COPY KUTHAKAPATT MATHAI DATE |
OF OM D 1 |
THE NOTI LEASE G 8/10/1963 |
CE RANT . |
CANCELLING THE ED TO VARKEY |
| Exhibit | P1 | TRUE COPY 22/04/1953. |
OF |
THE LAND | TAX | RECEIPT DATED |
| Exhibit | P7 | TRUE COPY RESPONDENT THE PETITIO |
O TA NER |
F THE R HSILDAR D . |
EPLY ATED |
OF THE 2ND 02/02/2021 TO |
| Exhibit | P8 | TRUE COPY RESIDENTIAL LAND DATED |
OF PR 20/ |
THE PRO OPERTY SI 02/2019. |
PERT TUAT |
Y TAX ON THE ED AT THE SAID |
| Exhibit | P9 | TRUE COPY RESIDENTIAL LAND DATED |
OF PR 13/ |
THE ELECT OPERTY SI 12/2019. |
RICI TUAT |
TY BILL ON THE ED AT THE SAID |
| Exhibit | P6 | TRUE COPY DATED 03/11 |
OF /20 |
THE LET 20. |
TER | BY PETITIONER |
1 issue framed by the court
Whether the petitioner's application for patta over land held under a cancelled Kuthakapattom lease in the Kallarkutty Dam catchment area can be reconsidered.
3 provisions across 3 enactments
Sunny Abraham
State of Kerala, Revenue Department
The Tahsildar, Devikulam
The Village Officer, Vellathooval
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
