WP(C) No.7572/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
IA.NO.2/2022 IN WP(C) NO. 7572 OF 2022 (V)
PETITIONER/PETITIONER:
S MAIMU, AGED 52 YEARS, W/O. KASIM HAJI, SARVATHINTAVIDA, BEACH
ROAD, VADAKARA, KOZHIKODE - 673103., REPRESENTED BY HER SON AND
POWER OF ATTORNEY HOLDER AFSAL S., S/O. KAREEM, AGED 37 YEARS,
SARVATHINTAVIDA, BEACH ROAD, VADAKARA, KOZHIKODE - 673103.
RESPONDENTS/RESPONDENTS:
1. THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR REVENUE DIVISIONAL
OFFICE, VADAKARA, KOZHIKODE, KERALA - 673 101.
2. THE TAHASILDAR KOYILANDY TALUK, TALUK OFFICE, KOZHIKODE DISTRICT,
PIN - 673 305.
3. THE VILLAGE OFFICER VIYYUR VILLAGE OFFICE, KOZHIKODE DISTRICT, PIN -
673 307.
4. THE AGRICULTURAL OFFICER KRISHI BHAVAN, KOYILANDY, KOZHIKODE
DISTRICT - 673 305.
5. KOYILANDY MUNICIPALITY KOYILANDY P. O., KOZHIKODE - 673 305,
REPRESENTED BY ITS SECRETARY.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct in the
operative portion in paragraph No.2 of the judgment, in sentence "The 1st
respondent is directed to reconsider Exhibit P4 application in so far as
it relates to 8.14 ares of land for the purpose of exclusion from the data
bank having regard to of Exhibits P5, P10, P11 and P14 reports and the
judgments referred above", by replacing "8.14" with "29.19" in the said
sentence in the Judgment dated 04/04/2022 in W.P.(C) No.7572/2022.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 04.04.2022 and upon hearing the arguments of M/S.BABU KARUKAPADATH,
M.A.VAHEEDA BABU, P.U.VINOD KUMAR, ARYA RAGHUNATH, VAISAKHI V.,
T.M.MUHAMMED MUSTHAQ, AJWIN P LALSON, MOHAMED HISHAM P, KARUKAPADATH WAZIM
BABU, P.LAKSHMI & AISWARYA ANN JACOB, Advocates for the petitioner in
I.A/WP(C) and of GOVERNMENT PLEADER for R1 to R4 in I.A/WP(C), the court
passed the following:
WP(C) No.7572/2022 2/3
T.R. RAVI, J.
--------------------------------------------
I. A. No. 2 of 2022
in
W. P. (C). No. 7572 of 2022
--------------------------------------------
Dated this the 3rd day of June, 2022
ORDER
The petition has been filed seeking a correction of a typographical error which has crept into the judgment. The error pointed out in the petition is a typographical error and what was intended in the place of 8.14 Ares was 29.19 Ares, which was the subject matter which was being considered as is evident from paragraph 1 of the judgment.
In such circumstances, the petition is allowed. In the last paragraph of the judgment, the words "to reconsider Ext.P4 application in so far as it relates to 8.14 Ares of land" shall be replaced by "to reconsider Ext.P4 application relating to 29.19 Ares of land". Registry to issue a corrected copy of the judgment.
H/o.
Sd/-
T.R. RAVI
JUDGE
Pn
03-06-2022 /True Copy/ Assistant Registrar
WP(C) No.7572/2022 3/3
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY
THE PETITIONER IN 2011 BEFORE THE 1ST RESPONDENT, SEEKING PERMISSION FOR USE OF THE LAND FOR OTHER PURPOSES SUBMITTED UNDER CLAUSE 6 OF KLU ORDER. Exhibit P5 A TRUE COPY OF THE REPORT DATED 10.03.2011, SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT ON EXHIBIT P4 APPLICATION SUBMITTED BY THE PETITIONER UNDER CLAUSE 6 OF THE KLU.
Exhibit P10 A TRUE COPY OF THE RELEVANT PORTION OF THE REPORT DATED 28.06.2021 SUBMITTED FROM THE KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE TO THE 4TH RESPONDENT. Exhibit P11 A TRUE COPY OF THE REPORT DATED 20.07.2021 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT ON EXHIBIT P9 FORM 5 APPLICATION, REPORTING THAT IT IS NOT FIT FOR PADDY CULTIVATION AND ALSO THAT THE SAME HAS BEEN WRONGLY INCLUDED IN THE DATA BANK.
Exhibit P14 A TRUE COPY OF THE REPORT DATED 22.02.2022 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT STATING THAT, IN THE ENTIRE EXTENT OF PROPERTY, THERE IS NO PADDY OR WET LAND AND THAT THE SAME STANDS ALREADY CONVERTED.