Samla Salim vs The District Collector
2021 Latest Caselaw 4823 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021/21ST MAGHA,1942

                        W.P(C).No.718 OF 2021(L)

PETITIONER:

               SAMLA SALIM
               AGED 36 YEARS
               D/O.SALIM, FIRDOUSE, VALIYAKUNNU, KIZHUVILAM P.O.,
               ATTINGAL, THIRUVANANTHAPURAM-695 104.

               BY ADVS.SRI.ABDUL JAWAD K.
                       SMT.A.GRANCY JOSE

RESPONDENTS:

       1       THE DISTRICT COLLECTOR
               OFFICE OF THE DISTRICT COLLECTOR,
               THIRUVANANTHAPURAM-695 036.

       2       THE REVENUE DIVISIONAL OFFICER,
               OFFICE OF THE REVENUE DIVISIONAL OFFICER,
               THIRUVANANTHAPURAM-695 036.

       3       THE TAHSILDAR (LAND RECORDS),
               TALUK OFFICE, CHIRAYANKEEZHU,
               THIRUVANANTHAPURAM-695 104.

       4       THE VILLAGE OFFICER,
               VILLAGE OFFICE, EDAKODE-695 104.

       5       THE AGRICULTURAL OFFICER,
               KRISHI BHAVAN, MUDAKKAL, ELAMPA P.O., ATTINGAL,
               THIRUVANANTHAPURAM-695 103.

       6       THE MUDAKKAL GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, VALAKKADU, ELAMPA P.O.,
               ATTINGAL, THIRUVANANTHAPURAM-695 103.

       7       THE SECRETARY, THE MUDAKKAL GRAMA PANCHAYAT,
               VALAKKADU, ELAMPA P.O., ATTINGAL,
               THIRUVANANTHAPURAM-695 103.

               R6-7 BY ADV. SRI.M.R.SASITH
               R6-7 BY SRI.VIDYA G NAIR, SC
               BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
  W.P.(C).No.718/2021             :: 2 ::




                         JUDGMENT

The petitioner has approached this Court aggrieved by

Ext.P17 order of the 3rd respondent, who unilaterally changed

the description of the property of the petitioner in the Basic Tax

Register [BTR], and as a consequence of which, the 7 th

respondent refused to consider the application preferred by the

petitioner for the allotment of a building number to the building

constructed by her.

2. I have heard the learned counsel for the petitioner as

also the learned Government Pleader for the respondents.

3. The learned Government Pleader would submit, on

instructions, that it is a fact that the 3 rd respondent did not issue

any notice or hear the petitioner before passing Ext.P17 order

changing the nature of the land in the BTR, relying solely on the

settlement register pertaining to the land. Taking note of the

said submission, and finding that the entries in the settlement W.P.(C).No.718/2021 :: 3 ::

register cannot be the basis for effecting a correction in the BTR

[See judgment in Indira v. Sub Collector - [2020 (4) KLT

635]], and the fact that Ext.P17 order of the 3rd respondent was

passed without issuing any prior notice to the petitioner or

hearing her objections to any such proposal, I am of the view

that Ext.P17 order of the 3 rd respondent cannot be legally

sustained. I accordingly quash Ext.P17 order, and direct the 3 rd

respondent to restore the original entries in the BTR that

prevailed prior to the passing of Ext.P17 order. The 7 th

respondent is also directed to consider the application preferred

by the petitioner for numbering the building constructed by her

untrammelled by Ext.P17 order, which has been quashed by this

Court, within a period of three weeks from the date of receipt of

a copy of this judgment, after hearing the petitioner. The

petitioner shall produce a copy of the writ petition together with

a copy of this judgment before the 7th respondent, for further

action.

The writ petition is disposed as above.

Sd/-

                             A.K.JAYASANKARAN NAMBIAR
                                         JUDGE


 prp/10/2/2021
       W.P.(C).No.718/2021            :: 4 ::




                                  APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF THE     POSSESSION CERTIFICATE

DATED 20.06.2018 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE BTR CONCERNING THE LAND OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE IN THE THANDAPER REGISTER CONCERNING THE PETITIONERS LAND.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 19.02.2018 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE PREDECESSOR IN INTEREST OF THE PETITIONER.

EXHIBIT P5 TRUE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER WITH STANDING TREES AS ON THE DATED OF PURCHASE OF THE PROPERTY.

EXHIBIT P6 TRUE PHOTOGRAPHS DEPICTING THE WORKS OF THE PWD IN FRONT OF THE PETITIONER'S PROPERTY.

EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 14.09.2018 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATYED 21.12.2018 IN WPC NO.42055/2018.

EXHIBIT P9 TRUE COPY OF THE HEARING NOTICE DATED 30.01.2019 ISSUED BY THE ASSISTANT ENGINEER OF THE PWD ATTINGAL.

EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGE OF THE REPORT SUBMITTED BY THE OVERSEER OF THE LSGD DATED 09.10.2018.

       W.P.(C).No.718/2021            :: 5 ::



EXHIBIT P11                 TRUE COPY OF THE BUILDING PERMIT DATED

26.10.2018 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P12 TRUE PHOTOGRAPHS OF THE COMPLETED BUILDING IN THE PROPERTY OF THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 17.06.2020 SUBMITTED BY THE PETITIONER AND HER ENGINEER.

EXHIBIT P14 TRUE COPY OF THE APPLICATION FOR NUMBERING THE BUILDING DATED 17.06.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 07.03.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE REPLY STATEMENT DATED 12.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE ORDER DATED 08.05.2020 PASSED BY THE 3RD RESPONDENT.

EXHIBIT P18                 TRUE COPY OF THE EXT.P17 ORDER THAT THE
                            PETITIONER    OBTAINED    FROM    THE 7TH

RESPONDENTS OFFICE UNDER THE RTI ACT.

EXHIBIT P19 TRUE COPY OF THE LETTER NO.113/20 DATED 10.03.2020 OF THE 4TH RESPONDENT OBTAINED UNDER THE RTI ACT.

EXHIBIT P20 TRUE COPY OF THE LETTER DATED 17.03.2020 OF THE 3RD RESPONDENT OBTAINED UNDER THE RTI ACT.

EXHIBIT P21 TRUE COPY OF THE COMMUNICATION OF THE 7TH RESPONDENT DATED 18.06.2020.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE