Dr.Chempakasseril Elias Mohan ... vs The Tahasildar(Land Records)
2021 Latest Caselaw 2183 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.28296 OF 2020(J)


PETITIONER/S:

                DR.CHEMPAKASSERIL ELIAS MOHAN ROY
                AGED 70 YEARS
                S/O. CHEMPAKASSERIL VARKEY ELIAS, ALAPPUZHA KARA,
                PANACHIKADU VILLAGE, KOLLADU P.O. KOTTAYAM 686 029.

                BY ADVS.
                SRI.RINNY STEPHEN CHAMAPARAMPIL
                SMT.ASHA ELIZABETH MATHEW

RESPONDENT/S:

      1         THE TAHASILDAR(LAND RECORDS)
                TALUK OFFICE, KOTTAYAM P.O. 686 001.

      2         THE VILLAGE OFFICER,
                VIALGLE OFFICE, MUTTAMBALAM, KOTTAYAM 686 002.


OTHER PRESENT:

                GP : PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, ALONG WITH WP(C).28297/2020(J), WP(C).28300/2020(J)&
W.P(C) No. 28596/2020(Y) THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.28296 OF 2020(J)and connected cases

                                 2




            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

      THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

  WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                      WP(C).No.28297 OF 2020(J)


PETITIONER/S:

                SANTHA VARKEY
                AGED 54 YEARS
                W/O. SUNIL GEORGE, 2E NEDUNGADAN RESIDENCY,
                CHITTOOR ROAD, ERNAKULAM VILLAGE, KANAYANNOOR TALUK
                682 018.

                BY ADVS.
                SRI.RINNY STEPHEN CHAMAPARAMPIL
                SMT.ASHA ELIZABETH MATHEW

RESPONDENT/S:

      1         THE TAHASILDAR (LAND RECORDS)
                TALUK OFFICE, KOTTAYAM P.O. 686 001.

      2         THE VILLAGE OFFICER,
                VILLAGE OFFICE, MUTTAMBALAM, KOTTAYAM 686 002.

                GP : PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, ALONG WITH WP(C).28296/2020(J), WP(C).28300/2020(J)&
W.P(C).28596/2020(Y) THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.28296 OF 2020(J)and connected cases

                                 3


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

      THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

  WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                      WP(C).No.28300 OF 2020(J)


PETITIONER/S:

                TITUS JACOB
                AGED 56 YEARS
                S/O.P.J. JACOB,PURAKKAL HOUSE, VADAVATHUR P.O ,
                MANGANAM KARA, VIJAYAPURAM VILLAGE, KOTTAYAM 686
                010. NOW RESIDING AT C408, JAL VAYU VIHAR,
                KAMMANAHALLI, BANGALORE 560 043.

                BY ADVS.
                SRI.RINNY STEPHEN CHAMAPARAMPIL
                SMT.ASHA ELIZABETH MATHEW

RESPONDENT/S:

      1         THE TAHSILDAR (LAND RECORDS)
                TALUK OFFICE, KOTTAYAM P.O. 686 001.

      2         THE VILLAGE OFFICER,
                VILLAGE C, MUTTAMBALAM, KOTTAYAM 686 002.

                GP. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, ALONG WITH WP(C).28296/2020(J), WP(C).28297/2020(J)&
W.P(C).28596/2020(Y) THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.28296 OF 2020(J)and connected cases

                                 4



            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

      THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

  WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                      WP(C).No.28596 OF 2020(Y)


PETITIONER/S:

                P.N.VIJAYAPPAN NAIR
                AGED 74 YEARS
                S/O. NARAYANAN NAIR, SANGEETHA, CHANGANASSERY P.O,
                VAZHAPALLY EAST MURI, CHANGANASSERY TALUK, KOTTAYAM
                DISTRICT-686 101

                BY ADVS.
                SRI.RINNY STEPHEN CHAMAPARAMPIL
                SMT.ASHA ELIZABETH MATHEW

RESPONDENT/S:

      1         THE TAHASILDAR (LAND RECORDS)
                TALUK OFFICE, CHANGANASSERY P.O, 686 001

      2         THE VILLAGE OFFICER,
                VILLAGE OFFICE, VAZHAPALLY EAST VILLAGE,
                CHANGANASSERY TALUK-686 001


OTHER PRESENT:

                GP : PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021,ALONG WITH WP(C).28296/2020(J), WP(C).28297/2020(J)&
W.P(C).28300/2020(J), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.28296 OF 2020(J)and connected cases

                                         5



                                  JUDGMENT

The petitioners in these cases have preferred an application before

the Tahasildar(LR) for the purposes of effecting a change in the BTR as

regards the description of the land recorded therein. In the writ petitions, it

is their contention that the predecessor in the interest of the land had

already obtained orders under clause 6(2) of the Kerala Land Utilization

Order, permitting conversion of the land and hence, it was incumbent upon

the Tahasildar to take note of the said orders passed under Kerala Land

Utilization Order and effect the consequential change in the description of

the land in the BTR.

2.I have heard Sri. Rinny Stephen Champarampil,the learned counsel

appearing for the petitioners in all these writ petitions and also Sri. Paul

Abraham Vakkanal, the learned Government Pleader appearing for all the

respondents in these writ petitions.

On a consideration of the facts and circumstances of the case as also

the submissions made across the Bar, I dispose these writ petitions by

directing the 1st respondent to consider the applications preferred by the

petitioners for effecting a change in the description of the land in the BTR

and pass consequential orders thereon, based on the Kerala Land Utilization

Orders produced by the petitioners, after verifying the identity of the land in

question. The 1st respondent shall pass orders effecting the classification WP(C).No.28296 OF 2020(J)and connected cases

change/ additional entry in the BTR, pertaining to the lands in question,

within an outer time limit of six weeks from the date of receipt of a copy of

this judgment. The petitioner shall produce a copy of the writ petition

together with a copy of this judgment, before the 1 st respondent, for further

action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.28296 OF 2020(J)and connected cases

APPENDIX OF WP(C) 28296/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 3/8/2020 ISSUED FROM THE VILLAGE OFFICE MUTTAMBALAM.

EXHIBIT P2 A TRUE COPY OF THE ORDER NO. H-2992/95 DATED 16/08/1995 ISSUED BY THE ROAD, KOTTAYAM.

EXHIBIT P3 A TRUE COPY OF THE SALE DEED NO. 882/2007 DATED 07/0/2007 OF ADDITIONAL S R O, KOTTAYAM.

EXHIBIT P4 A TRUE COPY OF THE SALE DEED NO. 1256/2004 DATED 26/04/2004 OF ADDITIONAL SUB REGISTRAR OFFICE, KOTTAYAM.

EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE NO.

2612(A0/10 DATED 02/09/2010 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 02/11/2020 SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM A .

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 01/12/2020 OF THIS HONBLE COURT IN WPC NO. 26495/2020.

WP(C).No.28296 OF 2020(J)and connected cases

APPENDIX OF WP(C) 28297/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 09/12/2020 ISSUED FROM THE VILLAGE OFFICE, MUTTAMBALAM.

EXHIBIT P2 A TRUE COPY OF THE ORDER NO. H-2992/95 DATED 16/08/1995 ISSUED BY THE ROAD, KOTTAYAM.

EXHIBIT P3 A TRUE COPY OF THE SALE DEED NO. 594/1/2011 DATED 03/03/2011 OF ADDITIONAL SRO, KOTTAYAM.

EXHIBIT P4 A TRUE COPY OF THE SALE DEED NO. 1256/2004 DATED 26/04/2004 OF ADDITIONAL SUB REGISTRAR OFFICE, KOTTAYAM.

EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE NO.

2612(A)/10 DATED 02/09/2010 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 23/11/2020 SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM A.

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 01/12/2020 OF THIS HONBLE COURT IN WPC NO. 26495/2020.

WP(C).No.28296 OF 2020(J)and connected cases

APPENDIX OF WP(C) 28300/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 26/07/2019 ISSUED FROM THE VILLAGE OFFICE, MUTTAMBALAM.

EXHIBIT P2 A TRUE COPY OF THE ORDER NO. H-2992/95 DATED 16/08/1995 ISSUED BY THE ROAD, KOTTAYAM.

EXHIBIT P3 A TRUE COPY OF THE SALE DEED NO. 1214/2014 DATED 28/04/2014 OF ADDITIONAL SRO, KOTTAYAM.

EXHIBIT P4 A TRUE COPY OF THE SALE DEED NO. 954/2004 DATED 29.03.2004 OF ADDITIONAL SUB REGISTRAR OFFICE KOTTAYAM.

EXHIBIT P5 A TRUE COPY OF THE SALE DEED NO. 1270/2004 DATED 27.04.2004 OF ADDL. SRO. KOTTAYAM.

EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE NO.

2612(A)/10 DATED 02/09/200 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED 02/11/2020 SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM A.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 01/12/2020 OF THIS HONBLE COURT IN WPC NO. 26495/2020.

WP(C).No.28296 OF 2020(J)and connected cases

APPENDIX OF WP(C) 28596/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 30.11.2020 ISSUED FROM THE VILLAGE OFFICE, VAZHAPALLY EAST

EXHIBIT P2 A TRUE COPY OF THE ORDER NO. 301/95 DATED 16.08.1995 ISSUED BY THE RDO, KOTTAYAM.

EXHIBIT P3 A TRUE COPY OF SALE DEED NO. 136/1995 OF S.R.O CHANGANASSERY.

EXHIBIT P4 A TRUE COPY OF SALE DEED NO. 153/1995 OF SRO, CHANGANASSERY.

EXHIBIT P5 A TRUE COPY OF SALE DEED NO. 154/1995 OF SRO, CHANGANASSERY.

EXHIBIT P6 A TRUE COPY OF THE SALE DEED NO. 1002/2017 OF SRO, CHANGANASSERY.

EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED 01.12.2020 SUBMITTED BEFORE THE 1ST RESPONDENT FORM A.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 01.12.202O OF THIS HON'BLE COURT IN W.P.C NO. 26495/2020