Kerala High Court
Saji Joseph vs Deputy Tahsildar (Head Quarters) on 25 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
WP(C) NO. 23485 OF 2019
PETITIONER:
SAJI JOSEPH,
AGED 53 YEARS,
S/O. JOSEPH, CHEMMANPALLIL, KURUPPANTHARA,
MANJOOR P. O., KOTTAYAM DISTRICT - 686603.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
SMITHA PRAVEEN
V.R.SANJEEV KUMAR
RESPONDENTS:
1 DEPUTY TAHSILDAR,(HEAD QUARTERS)
TALUK OFFICE, VAIKOM,
KOTTAYAM DISTRICT - 686141.
2 VILLAGE OFFICER,
VILLAGE OFFICE, MANJOOR P. O.,
KOTTAYAM DISTRICT - 686603.
3 ASSISTANT DIRECTOR (SURVEY DEPARTMENT),
OFFICE OF THE SURVEY AND LAND RECORDS OFFICE,
CHALAKKUNNU, KOTTAYAM - 686141.
4 DISTRICT COLLECTOR
CIVIL STATION, KOTTAYAM - 686001.
BY ADV GOVERNMENT PLEADER SRI.RENJITH S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2021, ALONG WITH WP(C).2806/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.23485/2019 & 2806/2020
:2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
WP(C) NO. 2806 OF 2020
PETITIONER:
SAJI JOSEPH,
AGED 53 YEARS,
S/O.JOSEPH, CHEMMANPALLIL, KURUPPANTHARA,
MANJOOR P.O., KOTTAYAM DISTRICT-686 603.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
RESPONDENTS:
1 DEPUTY TAHSILDAR (HEAD QUARTERS)
TALUK OFFICE, VAIKOM, KOTTAYAM DISTRICT-686 141.
2 VILLAGE OFFICER, VILLAGE OFFICE, MANJOOR P.O.,
KOTTAYAM DISTRICT-686 603.
3 ASSISTANT DIRECTOR (SURVEY DEPARTMENT),
OFFICE OF THE SURVEY AND LAND RECORDS OFFICE,
CHALAKKUNNU, KOTTAYAM-686 141.
4 DISTRICT COLLECTOR,
CIVIL STATION, KOTTAYAM-686 001.
5 DEPUTY COLLECTOR (LR),
CIVIL STATION, KOTTAYAM-686 001.
ADDL.6 THE REVENUE DIVISIONAL OFFICER,
MINI CIVIL STATION,
PALA, KOTTAYAM DISTRICT-686575
(ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED
25.08.2021 IN I.A. No.1 OF 2021)
BY ADV. GOVERNMENT PLEADER SRI.RENJITH.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2021, ALONG WITH WP(C).23485/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.23485/2019 & 2806/2020
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JUDGMENT
~~~~~~~~~
Dated this the 25th day of August, 2021
[WP(C) Nos.23485/2019 & 2806/2020]
W.P.(C) No.23485/2019 has been filed by the
petitioner seeking to quash Ext.P12 Possession Certificate
issued by the 2nd respondent classifying the land mentioned
therein as 'Nilam'. The petitioner filed W.P.(C)
No.2806/2020 seeking to command respondents 1 and 2
to take necessary steps to correct the entry of the land in
Re-survey No.709/2 in Manjoor Village, Vaikom Taluk,
Kottayam District extending to 21.24 Ares as purayidam.
2. When this writ petition came up for hearing
today, counsel on either side submitted that the petitioner
has already preferred Ext.P10 petition under Section 6(4)
of the Kerala Land Utilisation Order as directed by this
Court and by Ext.P11 judgment dated 26.04.2016, this
Court has directed to consider Ext.P10 application within a
WP(C) Nos.23485/2019 & 2806/2020
period of one month. However, no orders have been
passed on Ext.P10.
3. The learned Government Pleader submitted that
if Ext.P10 is disposed of and a final decision is taken, the
grievance of the petitioner may stand redressed.
In such circumstances, without going into the
merits of the writ petitions, the writ petitions are disposed
of directing the additional 6th respondent-RDO to consider
Ext.P10 petition under Section 6(4) of the Kerala Land
Utilisation Order preferred by the petitioner within a period
of two months, after giving an opportunity of hearing to the
petitioner. While taking a decision in the matter, the
additional 6th respondent shall also take into account the
judgment of this Court in Renji K. Paul and others v.
Revenue Divisional Officer and others [2019 (2) KHC
241].
Sd/-
N. NAGARESH, JUDGE
aks/31.08.2021
WP(C) Nos.23485/2019 & 2806/2020
APPENDIX OF WP(C) 23485/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.169/2010 DATED 27.01.2010 ISSUED BY
THE VILLAGE OFFICER, MANJOOR.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED
15.06.2011 MADE BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPORT DATED
16.06.2011 BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12.08.2013
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C) NO.26304/2013 DATED 30.07.2014.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 16.12.2014
PASSED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C) NO.6003/2015 DATED 07.04.2015.
EXHIBIT P8 TRUE COPY OF THE PETITION DATED
20.05.2015 BEFORE THE 4TH RESPONDENT
UNDER SECTION 6(4) OF THE LAND
UTILIZATION ORDER
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
26.04.2016 MADE IN W.P.(C)
NO.15874/2016 BY THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 26.11.2018 ISSUED BY THE 2ND
RESPONDENT IN THE NAME OF THE
PETITIONER VIDE RECEIPT
NO.KL05050605704/2018
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
21.06.2019 IN W.P.(C) NO.7285/2019
EXHIBIT P12 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 24.07.2019 ISSUED BY THE 2ND
RESPONDENT IN THE NAME OF THE
PETITIONER RELATING TO THE LAND
MENTIONED IN EXHIBIT P10.
WP(C) Nos.23485/2019 & 2806/2020
EXHIBIT P13 TRUE COPY OF THE SETTLEMENT DEED
NO.1436/2008 OF SRO, KADUTHURUTHY
EXECUTED IN THE NAME OF THE PETITIONER.
EXHIBIT P14 TRUE COPY OF THE EXTRACT OF THE BASIC
TAX REGISTER MAINTAINED IN MANJOOR
VILLAGE IN VAIKOM TALUK RELATING TO THE
PROPERTY MENTIONED IN SY.NO.709/2,
709/3, 709/4, 709/5.
EXHIBIT P15 TRUE COPY OF THE KERALA GAZETTER ISSUED
RELATING TO FINAL FAIR VALUE OF THE
LAND IN SY. NO.709/2(OLD SURVERY NO.)
IN BLOCK NO.33 OF MANJOOR VILLAGE IN
VAIKOM TALUK, KOTTAYAM DISTRICT
PUBLISHED ON 22.05.2014
EXHIBIT P16 TRUE COPY OF THE KERALA GAZETTER ISSUED
RELATING TO THE FINAL FAIR VALUE OF THE
LAND IN SY.NO.709/2 (OLD SURVERY NO.)
IN BLOCK NO.33 OF MANJOOR VILLAGE IN
VAIKOM TALUK, KOTTAYAM DISTRICT
PUBLISHED ON 19.10.2019
EXHIBIT P17 TRUE COPY OF THE REPORT DATED
09.07.2013 SUBMITTED BY THE
AGRICULTURAL OFFICER, KRISHI BHAVAN,
MANJOOR
EXHIBIT P18 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN DEEPIKA MALAYALAM DAILY,
KOTTAYAM EDITION DATED 10.07.2017
EXHIBIT P19 TRUE COPY OF THE PAPER REPORT DATED
24.08.2017 BY THE DEEPIKA MALAYALAM
DAILY, KOTTAYAM EDITION
RESPONDENTS' EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE SETTLEMENT REGISTER OF
MANJOOR VILLAGE
WP(C) Nos.23485/2019 & 2806/2020
APPENDIX OF WP(C) 2806/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.169/2010 DATED 27.01.2010 ISSUED BY
THE VILLAGE OFFICER, MANJOOR.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED
15.06.2011 MADE BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPORT DATED
16.06.2011 BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 29.07.2011
ISSUED BY THE 1ST RESPONDENT ADDRESSED
TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE INFORMATION DATED
20.04.2012 FURNISHED TO THE PETITIONER
BY THE 5TH RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12.08.2013
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN WPC
NO.26304/2013 DATED 30.07.2014.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 16.12.2014
PASSED BY THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT MADE IN WPC
NO.6003/2015 DATED 07.04.2015.
EXHIBIT P10 TRUE COPY OF THE PETITION DATED
20.05.2015 BEFORE THE 4TH RESPONDENT
UNDER SECTION 6(4) OF THE LAND
UTILIZATION ORDER.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
26.04.2016 MADE IN WPC NO.15874/2016 BY
THIS HON'BLE COURT.
EXHIBIT P12 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 26.11.2018 ISSUED BY THE 2ND
RESPONDENT IN THE NAME OF THE
PETITIONER VIDE RECEIPT
NO.KL05050605704/2018.
WP(C) Nos.23485/2019 & 2806/2020
EXHIBIT P13 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 22.08.2014 ISSUED BY THE REVENUE
DIVISIONAL OFFICER, PALA RELATING TO
THE PROPERTIES COMPRISED IN RE-SURVEY
NOS.709/1,2,3,4,5 AND 6 OF MANJOOR
VILLAGE, KOTTAYAM DISTRICT.
EXHIBIT P14 TRUE COPY OF THE NEWS ITEM PUBLISHED IN
THE MALAYALAM DAILY, DEEPIKA, KOTTAYAM
EDITION ON 10.07.2017.
EXHIBIT P15 TRUE COPY OF THE NEWS ITEM PUBLISHED IN
MALAYALAM DAILY, DEEPIKA, KOTTAYAM
EDITION ON 24.08.2017.
EXHIBIT P16 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 24.07.2019 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE NOTICE DATED
13.01.2020 ISSUED BY THE MANJOOR
SERVICE CO-OPERATIVE BANK LTD.
ADDRESSED TO THE PETITIONER.
RESPONDENTS' EXHIBITS:
ANNEXURE R1(a) TRUE COPY OF THE RELEVANT PAGE OF THE
BASIC TAX REGISTER PERTAINING TO
MANJOOR VILLAGE
SR
