Abdul Samad T.A , S/O Abdul Rahiman Moulavi, Vs the Revenue Divisional Officer/Sub Collector

2025:KER:23009

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WP(C) NO. 35089 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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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WP(C) NO. 35089 OF 2024

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PETITIONER:

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1 ABDUL SAMAD T.A , S/O ABDUL RAHIMAN MOULAVI, AGED 58 YEARS THURUTHIIYIL HOUSE, MALAPURAM P.O, ERNAKULAM DISTRICT, PIN - 682511

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2 JASMIN SAYED T.S, AGED 54 YEARS W/O ABDUL SAMAD,THURUTHIIYIL HOUSE, MALAPURAM P.O, ERNAKULAM DISTRICT, PIN – 682511

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BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, RDO OFFICE, FORT KOCHI ERNAKULAM, PIN - 682001

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2 THE DEPUTY COLLECTOR (D.M), ERNAKULAM CIVIL STATION, KAKKANAD P.O, ERNAKULAM DISTRICT, PIN - 682030

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2025:KER:23009

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WP(C) NO. 35089 OF 2024

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3 THE LOCAL LEVEL MONITORING COMMITTEE (LLMC), ELOOR MUNICIPALITY, REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR UDYOGAMANDAL P.O.,ERNAKULAM DISTRICT, PIN - 683501

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4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR UDYOGAMANDAL P.O., ERNAKULAM DISTRICT, PIN - 683501

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5 THE VILLAGE OFFICER, ELOOR VILLAGE, PARAVOOR TALUK, UDYOGAMANDAL P.O, ERNAKULAM DISTRICT, PIN - 683501

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6 THE SECRETARY , ELOOR MUNICIPALITY UDYOGAMANDAL P.O., ERNAKULAM DISTRICT, PIN - 683501

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BY ADV
ADV K.S.ARUN KUMAR
ADV PREETHA K.K., SR.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 35089 OF 2024

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JUDGMENT

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The petitioners are aggrieved by Exts.P12 and P13 orders passed by the 1^st respondent herein, by which the Form 6 applications submitted by the petitioners were rejected. The sole reason based on which the orders of rejection were passed is that, even though the properties were ordered to be removed from the Data Bank, on the basis of the recommendations of the LLMC, the said properties are not removed from the Data Bank by way of a notification. These orders are under challenge in this writ petition.

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A memo has been submitted by the learned Government

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Pleader producing the copy of the communication bearing No.ELR(4)2/2025 dated 10.01.2025 issued by the Agricultural Officer to the Secretary to the Eloor Municipality forwarding the decision taken by the LLMC and requiring the Secretary to the Municipality to make necessary publication of a Corrigendum Notification of the Data Bank by removing the properties of the petitioners.

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The learned Counsel for the petitioners placed reliance

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WP(C) NO. 35089 OF 2024

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upon Surendran v. District Collector Palakkad [2023 KHC OnLine 9062], wherein this Court specifically observed that the application for changing the nature of land cannot be rejected due to lack of Gazette notification and necessary directions were issued in the said case, for considering the application of the petitioner therein in Form 6 on the basis of the decision taken by the LLMC to remove the property from the Data Bank.

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After carefully going through the materials placed on the record and hearing the learned Counsels appearing on both sides, I find that the factual circumstances that exist in this case are similar to

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that of the decision rendered in Surendran’s case (supra). In this case also, the properties are already ordered to be removed from the Data Bank and the Secretary to the Municipality concerned was already directed by the authorities concerned to make necessary Corrigendum notifications of the Data Bank in this regard by removing the properties of the petitioners. In such circumstances, the reason mentioned in Exts.P12 and P13 namely, the lack of

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notification, cannot be treated as a justifiable ground to reject the applications submitted by the petitioners.

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Accordingly, this writ petition is disposed of quashing Exts.P12 and P13, with a direction to the 1^st respondent or the 2^nd respondent, to consider Ext.P10 and P11 applications submitted by the petitioners in Form 6 and pass orders thereon taking into account the decision of LLMC, without insisting for a notification removing the property of the petitioners from the Data Bank. Necessary orders in this regard shall be passed, within a period of two months from the date of receipt of a copy of this judgment. In the light of the communication dated 10.01.2025, produced by the Government along with a memo dated 10.01.2025, the 6^th respondent, the Secretary to the Municipality, is directed to take necessary steps effect the notification as expeditiously as possible.

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Sd/- ZIYAD RAHMAN A.A. JUDGE

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scs

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WP(C) NO. 35089 OF 2024

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APPENDIX OF WP(C) 35089/2024

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE LAND TAX RECEIPT IN
T.P NO. 10690 DATED 25.04.2023
Exhibit P2A TRUE COPY OF THE LAND TAX RECEIPT IN
T.P NO. 10800 DATED 25.04.2023
Exhibit P3A TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE ELOOR MUNICIPALITY DATED
17.05.2022
Exhibit P4A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 1 ST PETITIONER BEFORE THE 3 RD
RESPONDENT LLMC DATED NIL
Exhibit P5A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 2 ND PETITIONER BEFORE THE 3 RD
RESPONDENT LLMC DATED NIL

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Exhibit P6A TRUE COPY OF THE DECISION/ORDER NO. 41
– ELR 14/2018 - 19 OF THE 3 RD
RESPONDENT LLMC WITH RESPECT TO THE LAND
OWNED BY THE 1 ST PETITIONER DATED NIL
Exhibit P7A TRUE COPY OF THE DECISION/ORDER NO. 42
– ELR 14/2018 - 19 OF THE 3 RD
RESPONDENT LLMC WITH RESPECT TO THE LAND
OWNED BY THE 2 ND PETITIONER DATED NIL
Exhibit P8A TRUE COPY OF THE MINUTES OF THE 3 RD
RESPONDENT LLMC, ELOOR MUNICIPALITY
DATED 24.07.2018

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Exhibit P8 (a)TRUE PHOTOGRAPHS OF THE PETITIONERS

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WP(C) NO. 35089 OF 2024

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PROPERTIES

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Exhibit P9A TRUE COPY OF THE APPLICATION IN FORM
NO. 6 DATED 04.07.2023
SUBMITTED/UPLOADED BY THE 1 ST
PETITIONER BEFORE THE 1 ST RESPONDENT
Exhibit P10A TRUE COPY OF THE APPLICATION IN FORM
NO. 6 DATED 04.07.2023 UPLOADED BY THE 2
ND PETITIONER BEFORE THE 1 ST RESPONDENT
Exhibit P11A TRUE COPY OF THE JUDGMENT IN W.PC NO.
28889 OF 2023 DATED 03.10.2023 OF THIS
HON’BLE COURT
Exhibit P12A TRUE COPY OF THE ORDER PASSED IN EXT
P9 APPLICATION NO. 8111/2024 DATED
27.06.2024
Exhibit P13A TRUE COPY OF THE ORDER PASSED IN EXT
P10 APPLICATION NO. 8106/2024 DATED
27.06.2024
Exhibit P14A TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK OF ELOOR MUNICIPALITY DATED
NIL
Exhibit P15A TRUE COPY OF THE CIRCULAR NO. REV – P1
/ 313/2021 – REV DATED 10/12/2021 OF THE
REVENUE DEPARTMENT
Exhibit P16A TRUE COPY OF THE CIRCULAR NO. NO. REV
– P1 / 248/2019 – REV DATED 17.02.2020
OF THE REVENUE DEPARTMENT

Abdul Samad T.A , S/O Abdul Rahiman Moulavi, v. the Revenue Divisional Officer/Sub Collector

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Abdul Samad T.A , S/O Abdul Rahiman Moulavi, v. the Revenue Divisional Officer/Sub Collector

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