The State Of Kerala vs P.C.Mathew

Citation : 2022 Latest Caselaw 8538 Ker
Judgement Date : 6 July, 2022

Kerala High Court
The State Of Kerala vs P.C.Mathew on 6 July, 2022
RP No.610/2021                               1/3

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                             &
                         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
                  Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
                           RP NO. 610 OF 2021 IN LAA 258 OF 2013

                 JUDGMENT DATED 21.06.2016 IN LA.App. 258/2013 OF THIS COURT

                    LAR.NO.83/2009 OF THE PRINCIPAL SUB COURT ,KOTTAYAM

   REVIEW PETITIONERS/RESPONDENTS 1 AND 2 IN LAA:

      1. THE STATE OF KERALA ,REPRESENTED BY THE DISTRICT COLLECTOR,
         COLLECTORATE (PO), KOTTAYAM-686 002
      2. THE SPECIAL TAHSILDAR, (L.A.), GENERAL, COLLECTORATE P.O.,
         KOTTAYAM-686 002.

        BY GOVERNMENT PLEADER
   RESPONDENTS/APPELLANT AND 3RD RESPONDENT IN THE LAA:

      1. P.C.MATHEW, AGED 71 YEARS, S/O.CHACKO, PAINUNKAL , KUZHIPURAYIDOM
         KARA, MANARCADU, KOTTAYAM DISTRICT,PIN CODE- 686 019.
      2. THE SECRETARY, MANARCADU GRAMA PANCHAYAT, MANARCADU P.O, KOTTAYAM
         DISTRICT. PIN CODE-686 019. .

        BY ADV.SRI. M.V.THAMBAN FOR R1
        STANDING COUNSEL FOR R2

        This Review petition having come up for orders on 06.07.2022, upon
   perusing the appeal memorandum, the court on the same day passed the
   following:


                                                                               P.T.O.
 RP No.610/2021                                 2/3




                    ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
                     ------------------------------------------------------
                                  R. P. No.610 of 2021
                     ------------------------------------------------------
                         Dated this the 6th day of July, 2022

                                         ORDER

Anil K. Narendran, J.

Along with the counter affidavit filed by the 1 st respondent, Annexure R1 (b), extract of the Basic Tax Register (BTR) certified by the Village Officer, Manarcadu, is placed on record, in support of his contention that the property in question is not a paddy land but it is a dry land.

2. The learned Special Government Pleader would submit that she is having a copy of the Basic Tax Register from the Taluk Office, in which the property is described as 'Nilam' (paddy land).

3. The learned Special Government Pleader seeks a short time to get instructions and place on record a report of the Special Tahsildar with regard to the nature of land as on the date of notification.

4. Three weeks time is granted.

Post on 04.08.2022.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

                                                     P. G. AJITHKUMAR, JUDGE
          nk




06-07-2022                       /True Copy/                                  Assistant Registrar
 RP No.610/2021                  3/3


Annexure R1(b): True copy of the extract basic tax register certified by Village Officer Manarkad dated 01.03.2022.