Disposed

Alph K Varghese v. Village Officer

Kerala HC12 Mar 2024WP(C)/4989/2024

Case brief

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What is this about?

The Court disposed of the writ petition seeking a declaration that land classified as plantation in revenue records should remain as 'purayidom'. The Court directed the 2nd respondent to consider the applicant's request and finalize proceedings within two months. No external reversion is permitted.

What did the court decide?

Direction to the 2nd respondent to take up Ext.P10, finalize proceedings, and grant a declaration within two months.

Alph K Varghese Vs Village Officer — Land Acquisition | Kerala HC (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 VIJU ABRAHAM

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TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
WP(C) NO. 4989 OF 2024

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PETITIONER:

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ALPH K VARGHESE
AGED 45 YEARS
W/O. LATE JOHNSON, KAROTTUPULLOLIL HOUSE, THIDANAD
KARA, KONDOOR VILLAGE, MEENACHILIL, KOTTAYAM DISTRICT,
PIN - 686123
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
E.MOHAMMED SHAFI
PRAJIT RATNAKARAN
KRISHNAPRIYA R.

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RESPONDENTS:

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1 VILLAGE OFFICER

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KONDOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM, PIN - 686123

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2 THAHASILDAR (LAND RECORDS) MEENACHIL TALUK, KOTTAYAM, PIN - 686123

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3 DISTRICT COLLECTOR CIVIL STATION, COLLECTORATE P.O., KOTTAYAM, PIN - 686002

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4 REVENUE DIVISIONAL OFFICER

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PALA, KOTTAYAM,, PIN - 686575

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5 TALUK LAND BOARD, MEENACHIL, REP. BY ITS CHAIRMAN, KOTTAYAM, PIN - 686577

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6 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001

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BY GP - DEEPA V.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 4989 of 2024 : 2 :

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VIJU ABRAHAM , J.

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=========================== WP(C) No. 4989 of 2024

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============================ Dated this the 12^th day of March, 2024

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J U D G M E N T

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Petitioner has approached this Court seeking a declaration that the property covered by Ext.P5 having ownership and possession of the petitioner and her children are liable to be recorded as ‘purayidom’ in all revenue records in accordance with the original entry of land classified in Ext.P1 settlement register.

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Petitioner submits that in Ext.P1 settlement register the property has been classified as purayidom, but after the resurvey the classification of the property has been changed to plantation. It is aggrieved by the same the petitioner has preferred Ext.P10 request in this regard before the 2^nd respondent. Petitioner submits that no action has been taken on Ext.P10 till date.

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Heard the learned Government Pleader also.

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After hearing both sides, I am inclined to dispose of the

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writ petition with a direction to the 2^nd respondent to take up Ext.P10 and finalise the proceedings requested therein at the earliest, at any rate within an outer limit of two months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. To facilitate the reconsideration of the application in

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WP(C) No. 4989 of 2024 : 3 :

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Ext.P10 submitted by the petitioner, all further proceedings pursuant

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to Exts.P11 and P12 shall be kept in abeyance.

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With the above said direction, the writ petition is disposed of.

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Sd/- VIJU ABRAHAM JUDGE

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sbk/-

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WP(C) No. 4989 of 2024 : 4 :

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APPENDIX OF WP(C) 4989/2024

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`PETITIONER EXHI` `Exhibit P1`	`BITS` `A TRUE COPY OF THE SETTLEMENT REGISTER` `ISSUED ON 28.11.2018 OF KONDOOR VILLAGE`
`Exhibit P2`	`A TRUE COPY OF SETTLEMENT DEED NO.` `1090/1957 DATED 11.04.1957 OF SRO, POONJAR`
`Exhibit P3`	`A TRUE COPY OF THE SETTLEMENT DEED` `NO.3041/1960 DATED 24.10.1960 OF SRO,` `POONJAR EXECUTED BY OUSEPH IN FAVOR OF` `PETITIONER'S PREDECESSOR VARKEY`
`Exhibit P4`	`A TRUE COPY OF REGISTERED WILL NO. 6/1989` `DATED 08.02.1989 OF SRO, KOTTAYAM`
`Exhibit P5`	`A TRUE COPY OF LEGAL HEIR SHIP CERTIFICATE` `DATED 21.07.2012 ISSUED BY 2ND RESPONDENT`
`Exhibit P6`	`A TRUE COPY OF FINAL DECREE IN FULL SET IN` `IA 431/2016 IN O.S.149/2016 DATED` `29.7.2019 ON THE FILE OF MUNSIFF COURT,` `ERATTUPETTA`
`Exhibit P7`	`A TRUE COPY OF LAND TAX RECEIPT DATED` `26.11.2023 ISSUED BY 1ST RESPONDENT IN THE` `NAME OF PETITIONER AND CHILDREN`
`Exhibit P8`	`A TRUE COPY OF THE REPORT OF REVENUE` `INSPECTOR DATED 13.5.1992`
`Exhibit P9`	`A TRUE COPY OF ORDER IN CEILING CASE NO.` `25/96 /MNL PASSED BY 5TH RESPONDENT`
`Exhibit P10`	`A TRUE COPY OF APPLICATION DATED 12.7.2018` `SUBMITTED BY THE PETITIONER TO 2ND` `RESPONDENT`
`Exhibit P11`	`A TRUE COPY OF ORDER DATED 9.7.2019 PASSED` `BY 2ND RESPONDENT ON EX P10 APPLICATION`
`Exhibit P12`	`A TRUE COPY OF ORDER DATED 25.11.2019 BY` `THE 2ND RESPONDENT`
`Exhibit P13`	`A TRUE COPY OF REPORT DATED 19.12.2023 OF`
	`5TH RESPONDENT SERVED TO SRI. SANJU ROY` `OBTAINED BY THE PETITIONER`

Alph K Varghese v. Village Officer

Case brief

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Alph K Varghese v. Village Officer

Case brief

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