Allowed

M.S. Abdul Salam, v. the Village Officer

Kerala HC8 Apr 2024WP(C)/13529/2023

Case brief

AI extract

What is this about?

Two writ petitions sought relief regarding a land description discrepancy. The Court directed the Revenue Divisional Officer to consider Form-6 applications under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and the Village Officer to issue possession certificates accordingly.

What did the court decide?

Direction to the Revenue Divisional Officer to take up Form-6 applications and pass orders under the Kerala Conservation of Paddy Land and Wetland Act, 2008 within three months; further direction to t

M.S. Abdul Salam, Vs the Village Officer — Land Acquisition | Kerala HC (2024)

¶1

W.P(C) Nos.13117 & 13529 of 23

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶6

MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
WP(C) NO. 13117 OF 2023

¶7

PETITIONER/S:

¶8

NISHA USMAN,
AGED 48 YEARS

¶9

D/O OF T.A. NIZAR AND WIFE OF ADV. N.S. MOHAMED USMAN
RESIDING AT SHEEBA MANZIL, V.K. BAVA LANE, S.R.M. ROAD,
ERNAKULAM NORTH.P.O., PIN - 682018

¶10

BY ADVS.

¶11

P.M.MOHAMMED SHIRAZ
AAKHIL MOHAMMED.P.M

¶12

RESPONDENT/S:

¶13

1 THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE, PARK AVENUE, ERNAKULAM HEAD P.O., PIN - 682011

¶14

2 THE TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM, PIN - 682011

¶15

3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB ROAD, FORT KOCHI, PIN - 682001

¶16

4 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, 1ST FLOOR, CIVIL STATION, KAKKANAD, PIN - 682030

¶17

5 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶18

OTHER PRESENT:

¶19

W.P(C) Nos.13117 & 13529 of 23

¶20

¶21

SMT.SHEEBA SABAREESH, GP

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2024, ALONG WITH WP(C).13529/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶23

W.P(C) Nos.13117 & 13529 of 23

¶24

¶25

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶26

PRESENT

¶27

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶28

MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

¶29

WP(C) NO. 13529 OF 2023

¶30

PETITIONER/S:

¶31

1 M.S. ABDUL SALAM, AGED 56 YEARS

¶32

SON OF SHAMSUDEEN,RESIDING AT SAFA, GREEN GARDENS
RESIDENCE AREA, KARSHAKA ROAD, VADUTHALA P.O, ERNAKULAM,

¶33

PIN - 682023

¶34

2SHEEBA N.S,
AGED 50 YEARS
WIFE OF ABDUL SALAM, AGED 50 YEARS, BUSINESS, RESIDING AT
SAFA, GREEN GARDENS RESIDENCE AREA, KARSHAKA ROAD,
VADUTHALA P.O, ERNAKULAM, PIN - 682023

¶35

BY ADVS.

¶36

P.M.MOHAMMED SHIRAZ
AAKHIL MOHAMMED.P.M

¶37

RESPONDENT/S:

¶38

1 THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE, PARK AVENUE, ERNAKULAM HEAD P.O, PIN - 682011

¶39

2 THE TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM, PIN - 682011

¶40

3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB ROAD, FORT KOCHI, PIN - 682001

¶41

4 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, 1ST FLOOR, CIVIL STATION,KAKKANAD,

¶42

W.P(C) Nos.13117 & 13529 of 23

¶43

¶44

PIN - 682030
5STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001
SMT.SHEEBA SABAREESH, GP

¶45

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2024, ALONG WITH WP(C).13117/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶46

W.P(C) Nos.13117 & 13529 of 23

¶47

¶48

MOHAMMED NIAS C.P., J

¶49

............................................................

¶50

W.P(C) Nos.13117 and 13529 of 2023

¶51

Dated this the 8^th day of April, 2024

¶52

JUDGMENT

¶53

These writ petitions are preferred by the petitioners, who hold lands in Survey No.3/3-24 of Ernakulam Village, for which Exts.P1 to P3 were issued showing the description of the land as “Purayidam”. Later they applied for a building permit and a certificate was issued wherein the description of the property was shown as “Nilam”.

¶54

A statement has been filed on behalf of the 1st respondent wherein it is stated that Exts.P1 to P3 and other documents were issued based on an incorrect data entry in the computer and that if an application is made in Form-6, the same will be considered on priority basis and the classification of the land can be changed.

¶55

The learned Government Pleader submitted that the petitioner can apply Form 6 online. However, the petitioners assert in the affidavit that they tried to submit the Form-6 application online to the official portal on 3.4.2024, but the system was not accepting the application with a remark that “No land is available with Nilam/Nanja type”. Accordingly, the petitioners have

¶56

W.P(C) Nos.13117 & 13529 of 23

¶57

¶58

preferred the Form 6 application along with all supporting documents, by registered, post on 3.1.2024 to the Revenue Divisional Officer, Fort Kochi, copies of the application and the receipts are marked as Exts.P13 to P15.

¶59

Under the above circumstances, there will be a direction to the Revenue Divisional Officer, Fort Kochi, to take up the Form-6 applications preferred by the petitioners and pass orders, in accordance with law, in terms of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within three months from the date of receipt of a copy of the judgment. The 3^rd respondent will issue notice to the petitioners in case any clarification is required from the petitioners. However, the order shall be passed within the time stipulated above. Based on the decision to be taken by the 3^rd respondent, as aforesaid, there will be a further direction to the 1^st respondent Village Officer to issue the possession certificates, which shall be issued within two weeks from the date of production of the order of the Revenue Divisional Officer as directed above.

¶60

The writ petitions are allowed.

¶61

Sd/-

¶62

MOHAMMED NIAS C.P.

¶63

JUDGE

¶64

okb/

¶65

W.P(C) Nos.13117 & 13529 of 23

¶66

¶67

APPENDIX OF WP(C) 13529/2023

¶68

`PETITIONER EXHIBITS`
`Exhibit P1`	`TRUE COPY OF THE BASIC TAX RECEIPT` `NO.KL07022210145/2022 DATED 21-7-2022 ISSUED` `BY THE 1ST RESPONDENT .`
`Exhibit P2`	`TRUE COPY OF THE RECORD OF RIGHTS CERTIFICATE` `[ ROR] NO.2020/64210/07 DATED 27-6-2022 ISSUED` `BY THE 1ST RESPONDENT`
`Exhibit P3`	`TRUE COPY OF THE POSSESSION CERTIFICATE` `NO.1404/22(2) DATED 22-7-2022 ISSUED BY THE` `1ST RESPONDENT`
`Exhibit P4`	`TRUE COPY OF THE SALE DEED NO.2520 OF 2022 OF` `ERNAKULAM SUB REGISTRY DATED 30-7-2022.`
`Exhibit P5`	`TRUE COPY OF THE BASIC TAX RECEIPT` `NO.KL07022212052/2022 DATED 12-9-2022 ISSUED` `BY THE 1ST RESPONDENT`
`Exhibit P6`	`TRUE COPY OF THE RECORD OF RIGHTS CERTIFICATE` `[ ROR] NO.2022/63756 /07 DATED 17-10-2022` `ISSUED BY THE 1ST RESPONDENT`
`Exhibit P7`	`TRUE COPY OF THE POSSESSION CERTIFICATE NO.` `68319103 DATED 16-9-2022 ISSUED BY THE 1ST` `RESPONDENT`
`Exhibit P8`	`TRUE COPY OF THE DATA BANK OF THE ERNAKULAM` `VILLAGE SHOWING THE LAND IN SURVEY NO.3/3 OF` `ERNAKULAM VILLAGE`
`Exhibit P9`	`TRUE COPY OF THE JUDGMENT DATED 16-1-2023 IN` `WP [C] 42602 OF 2022 OF THE HIGH COURT OF` `KERALA`
`Exhibit P10`	`TRUE COPY OF THE NOTICE NO.104/2023 DATED 6-2-` `2023 ISSUED BY THE 1ST RESPONDENT`
`Exhibit P11`	`TRUE COPY OF THE ORDER N0.165/2023 DATED 10-2-` `2023 ISSUED BY THE 1ST RESPONDENT`

¶69

W.P(C) Nos.13117 & 13529 of 23

¶70

¶71

Exhibit P12PHOTOS OF THE LAND PURCHASED BY THE
PETITIONERS
Exhibit- P13TRUE PHOTOCOPY OF COVERING LETTER DATED
03/04/2024 OF THE PETITIONERS
Exhibit-P14TRUE PHOTOCOPY OF FORM 6 APPLICATION OF THE
PETITIONERS
Exhibit-P15TRUE PHOTOCOPY OF SCREENSHOT OF THE COMPUTER
SCREEN OF 'THARAM MATTAM APPLICATION'

¶72

W.P(C) Nos.13117 & 13529 of 23

¶73

¶74

APPENDIX OF WP(C) 13117/2023

¶75

`PETITIONER EXHIBITS`
`Exhibit P1`	`TRUE COPY OF T` `KL07022210145/2022` `THE 1ST RESPONDENT`	`HE BASIC TAX RECEIPT NO.` `DATED 21-7-2022 ISSUED BY` `.`
`Exhibit P2`	`TRUE COPY OF THE` `[ ROR] NO. 202` `ISSUED BY THE 1ST`	`RECORD OF RIGHTS CERTIFICATE` `0/64210/07 DATED 27-6-2022` `RESPONDENT`
`Exhibit P3`	`TRUE COPY OF` `NO.1404/22(2) DAT` `1ST RESPONDENT`	`THE POSSESSION CERTIFICATE` `ED 22-7-2022 ISSUED BY THE`
`Exhibit P4`	`TRUE COPY OF THE` `ERNAKULAM SUB REGI`	`SALE DEED NO. 2519 OF 2022 OF` `STRY DATED 30-7-2022`
`Exhibit P5`	`TRUE COPY OF T` `KL07022212052/2022` `THE 1ST RESPONDENT`	`HE BASIC TAX RECEIPT NO.` `DATED 12-9-2022 ISSUED BY`
`Exhibit P6`	`TRUE COPY OF THE` `[ ROR] NO. 2022` `ISSUED BY THE 1ST`	`RECORD OF RIGHTS CERTIFICATE` `/63755 /07 DATED 17-10-2022` `RESPONDENT`
`Exhibit P7`	`TRUE COPY OF THE` `68318756 DATED 1` `RESPONDENT`	`POSSESSION CERTIFICATE NO.` `6-9-2022 ISSUED BY THE 1ST`
`Exhibit P8`	`TRUE COPY OF THE` `VILLAGE SHOWING T` `ERNAKULAM VILLAGE`	`DATA BANK OF THE ERNAKULAM` `HE LAND IN SURVEY NO.3/3 OF`
`Exhibit P9`	`TRUE COPY OF THE` `WP [C] 42602 OF` `KERALA`	`JUDGMENT DATED 16-1-2023 IN` `2022 OF THE HIGH COURT OF`
`Exhibit P10`	`TRUE COPY OF THE` `2023 ISSUED BY THE`	`NOTICE 105/2023 DATED 6-2-` `1ST RESPONDENT`
`Exhibit P11`	`TRUE COPY OF THE` `ISSUED BY THE 1ST`	`ORDER NO.193 DATED 4-3-2023` `RESPONDENT`

¶76

W.P(C) Nos.13117 & 13529 of 23

¶77

¶78

`Exhibit P12`	`PHOTO`	`S OF`	`THE LA`	`ND PUR`	`CHASED BY THE PETITIONER`
`RESPONDENT ANNEXURES`
`ANNEXURE R1(a)`	`TRUE` `REGIS` `NECES`	`COP` `TER` `SARY`	`Y OF` `WITH` `ENTRIE`	`THE` `LEGIB` `S`	`EXTRACT OF SETTLEMENT` `LE TYPED COPY OF THE`
`PETITIONER EXHIBITS`
`Exhibit- P13`	`TRUE` `03/04`	`PHO` `/202`	`TOCOPY` `4 OF TH`	`OF` `E PETI`	`COVERING LETTER DATED` `TIONER`
`Exhibit-P14`	`TRUE` `PETIT`	`PHOT` `IONE`	`OCOPY` `R`	`OF FO`	`RM 6 APPLICATION OF THE`
`Exhibit-P15`	`TRUE` `SCREE`	`PHO` `N OF`	`TOCOPY` `THE 'T`	`OF` `HARAM`	`SCREENSHOT OF COMPUTER` `MATTAM APPLICATION'`

M.S. Abdul Salam, v. the Village Officer

Case brief

What is this about?

What did the court decide?

M.S. Abdul Salam, v. the Village Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr. T. Muhammedali Vs Dr. M. K. Jayaraj

Prof. Dr. N. Prasantha Kumar Vs Dr. M. v. Narayanan

P.K.Ramdas Vs the Deputy Director of Education – Kannur

K.N. Antony, Vs Kerala Pollution Control Board

Mrs. Nisha Usman, Vs the Village Officer

Petroleum Traders Welfare and Legal Service Society, Vs Union of India