The High Court of Kerala observed that nothing survived regarding the prayers in the writ petition challenging orders and circulars affecting land classification, and dismissed the petition as infructuous.
The writ petition is closed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(C) NO. 9581 OF 2014
PETITIONER/S:
KAVALAKKATT SEBASTIAN PAUL
S/O.LATE SEBASTIAN,KAVALAKKATT HOUSE,NEAR BISHOP
ALAPPAT HOSPITAL,P.O KARANCHIRA,VIA KATTOOR,THRISSUR
DIST,PIN 680 702 REPRSENTED BY HIS POWE OF ATTORNEY
SHRI JOHNSON K.D,AGED 61 YEARS ,S/O.LATE
DEVASSYKAVALAKKATT HOUSE,NEAR BISHOP ALAPPATT
HOSPITAL,P.O KARANCHIRA,VIA KATTOOR,THRISSUR DIST
KERALA PIN 680 702.
BY ADVS.
SRI.M.A.BABY
SRI.P.A.AUGUSTIAN
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY,DEPARTMENT OF REVENUE,GOVRNMENTOF KERALA2 THE VILLAGE OFFICER KUTTUR VILLAGE,P.O KUTTUR,THRISSUR DIST, KERALA PIN 680 0133 THE SECRETARY, KOLAZHY GRAMA PANCHAYAT,P.O.MULAMKUNNATHUKKAVU,THRISSUR DIST, KERALA PIN 680 5814 THE AGRICULTURE OFFICER KOLAZHY GRAMA PANCHAYAT,P.O MULANKUNNATHUKAVU,THRISSUR DIST KERALA PIN 680 581BY ADVS.
SMT.R.RAJITHA
SRI.P.SANTHOSH PODUVAL
SRI.K.D.SREEVISAKH
OTHER PRESENT:
R1 AND 2 – SRI.E.G.GORDEN, -SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9581 of 2014
2
J U D G M E N T
The petitioner preferred this writ petition
challenging Ext.P12 order and Ext.P13 circular and
seeks to quash the conditions therein by issuing writ
of certiorari or any other writ and further for a
direction to respondents 1 and 2 to effect necessary
correction in the Basic Tax Register relating to the
land covered under Ext.P1 Sale deed as ‘Dry land’ by
deleting the word ‘Nilam’ and also to issue possession
certificate to the petitioner with respect to the
property in dispute.
Today, when the matter was taken up, it is
informed by the counsel for the petitioner that
nothing survives with respect to the prayers sought in
the writ petition. Accordingly, this writ petition is
closed as infructuous.
Sd/-
P.M.MANOJ JUDGE
SM
W.P.(C) No.9581 of 2014
3
APPENDIX OF WP(C) 9581/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 2485/2013 DATED
04-06-2013 OF SUB REGISTRAR,AYYANTHGOLE
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO 4327/2011 DATED
30-11-2011
EXHIBIT P3 TRUE COPY OF THE SALE DEED NO 2125/1985 DATED
01-07-1985
EXHIBIT P4 TRUE COPY OF THE SLAE DEED NO 2687/1973 DATED
16-08-1973
EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCEC CERTIFICATE
DATED 30-04-2013 OF SUB REGISTRAR,AYYANTHOLE
EXHIBIT P6 TRUE COPY OF THE BUILDING TAX RECEIPTS DATED
28-05-2013
EXHIBIT P7 TRUE COPY OF THE REGULARIZATION FEE RECEIPTS
DATED 28-05-2013
EXHIBIT P8 PHOTOGRAPHS OF THE PROPERTY
EXHIBIT P9 TRUE COPY OF RECEIPT NO 5496519 DATED 9-07-
2013
EXHIBIT P10 TRUE COPY OF RTI AND ITS REPLY BY RESPONDENT
NO 2
EXHIBIT P11TRUE COPY OF RTI AND ITS REPLY BY RESPONDENt
NO 3
EXHIBIT P12 TRUE COPY OF ORDER NO A1-2236/13 DATED 14-05-
2013 PASSED BY RESPONDENT NO 3
EXHIBIT P13 TRUE COPY OF CIRCULAR NO 1663/RAI/2013/LSGD
DATED 05-02-2013
EXHIBIT P14 TRUE COPY OF REPRESENTATIONS DATED 19-02-2014
TO THE RESPONDENTS NO 2
EXHIBIT P15 TRUE COPY OF REPRESENTATIONS DATED 19-02-2014
TO THE RESPONDENTS NO 3
P.A.TO JUDGE
TRUE COPY
2 issues framed by the court
Whether to quash certain orders and circulars regarding land classification
Whether to direct correction in the Basic Tax Register and issue a possession certificate
Kavalakkatt Sebastian Paul
The State of Kerala
The Village Officer Kuttur
The Secretary, Kolazhy Grama Panchayat
The Agriculture Officer Kolazhy Grama Panchayat
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court