Hashim vs State Of Kerala

Kerala High Court

Hashim vs State Of Kerala on 22 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                            WP(C) NO. 9293 OF 2017
PETITIONER:

              HASHIM
              AGED 38 YEARS, S/O.ABOOBACKER, VARANATTUPARAMBIL HOUSE,
              VELIYATHUNADU, UC COLLEGE, ALUVA,
              ERNAKULAM DISTRICT - 683 102.

              BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENTS:

     1        STATE OF KERALA
              REP. BY ITS SECRETARY TO THE GOVERNMENT, REVENUE
              DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

     2        THE DISTRICT COLLECTOR
              COLLECTORATE, PALAKKAD - 678 001.

     3        THE TAHSILDAR
              OTTAPALAM TALUK OFFICE, PALAKKAD - 678 001.

     4        THE VILLAGE OFFICER
              VANIAMKULAM II VILLAGE OFFICE, OTTAPALAM, PALAKKAD - 678 001.

     5        THE REVENUE DIVISIONAL OFFICER
              OTTAPALAM, PALAKKAD - 678 001.

     6        THE CONVENER
              LOCAL LEVEL MONITORING COMMITTEE, VANIYAMKULAM
              PANCHAYATH, PALAKKAD DISTRICT - 678 001.

BY ADV.

              SRI.RIYAL DEVASSY, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9293 OF 2017
                                 2


               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
                W.P.(C) No.9293 of 2017
          ----------------------------------------------
        Dated this the 22nd day of May, 2024


                         JUDGMENT

The above writ petition is filed with the following prayers:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the property covered by Ext-P1 is garden land for all purposes, and accordingly to direct the 5th respondent to accept the request of the petitioner to have a re-assessment, in relation to the basic tax concerned, taking the subject property as garden land; within stipulated time limits, in the interest of justice.

AND

ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." SIC WP(C) NO. 9293 OF 2017 3

2. The main prayer in this writ petition is for a declaration that the subject property is a garden land.

There are other connected reliefs also. The petitioner has got remedy for the same by getting such a declaration as per the Kerala Conservation of Paddy Land and Wet Land Act, 2008.

Granting liberty to the petitioner to do the needful, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 9293 OF 2017 4 APPENDIX OF WP(C) 9293/2017 PETITIONER EXHIBITS EXT.P1 A TRUE COPY OF THE TAX RECEIPTS SHOWING THE DETAILS OF THE PROPERTIES IN THE NAME OF THE PETITIONER AND HIS BROTHER ISSUED BY THE VENIAMKULAM -2 VILLAGE OFFICER DATED 19.11.2014 EXT.P2 A TRUE COPY OF DATA BANK CONCERNING THE VANIAMKULAM GRAMA PANCHAYATH AND VILLAGE DATED NIL EXT.P3 A TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, PALAKKAD DATED 10.12.2013 EXT.P4 A TRUE COPY OF THE REQUEST OF THE BROTHER OF THE PETITIONER BEFORE THE DISTRICT COLLECTOR, PALAKKAD DATED 3.10.2013 EXT.P5 A TRUE COPY OF THE ORDER PASSED BY THE RDO, OTTAPALAM DATED 22.4.2010 EXT.P6 A TRUE COPY OF THE ORDER PASSED BY THE SUB COLLECTOR, OTTAPALAM DATED 18.1.2012 RESPONDENTS EXHIBITS :NIL // TRUE COPY // PA TO JUDGE