Mallika vs The Revenue Divisional Officer
2021 Latest Caselaw 15281 Ker

Citation : 2021 Latest Caselaw 15281 Ker
Judgement Date : 22 July, 2021

Kerala High Court

Mallika vs The Revenue Divisional Officer on 22 July, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                      WP(C) NO. 1053 OF 2021
PETITIONER:

          MALLIKA,
          AGED 52 YEARS,
          W/O RAVEENDRAN NAIR,
          CHURULI PUTHAN PURAYIL,
          SANTHI BHAVAN, EAST KALLOOR P.O.,
          KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK,
          IDUKKI DISTRICT, PIN-685608.

          BY ADVS.
          O.V.MANIPRASAD
          SRI.JOSE ANTONY
          SRI.S.SHIV SHANKAR


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          MOOVATTUPUZHA, REVENUE DIVISONAL OFFICE,
          MINI CIVIL STATION,
          MUDAVOOR P O, MOOVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN-686689.
    2     THE SECRETARY,
          KALLOORKAD GRAMA PANCHAYAT,
          KALLOORKAD P.O.,
          ERNAKULAM DISTRICT, PIN-686668.
    3     THE DISTRICT SUPERINTENDENT OF SURVEY,
          ERNAKULAM DISTRICT,
          CIVIL STATION,
          KAKKANAD, KOCHI-682030.
    4     KAUSALYA,
          W/O GOPI, AGED 69 YEARS,
          MATTATHIL HOUSE, PERUMANKANDAM KARA,
          KALLOORKAD VILLAGE, THAZHUVAMKUNNU P.O.,
          ERNAKULAM DISTRICT, PIN-686661.

          BY ADV GOVERNMENT PLEADER SRI MANU RAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.1053/2021

                                  2




                           JUDGMENT

Dated this the 22th day of July, 2021

The petitioner has approached this Court seeking to

direct the 1st respondent to dispose of the proceedings initiated

against the petitioner on the basis of the complaint made by

the 4th respondent against the construction of the building in

the property covered by Ext.P1.

2. From the pleadings it is evident that the petitioner

has constructed building in the land owned by her as per

Ext.P1 Sale Deed. The petitioner would submit that the

petitioner had constructed the building as per Ext.P4 building

permit issued by the Kalloorkad Grama Panchayat. However,

subsequently, Ext.P10 Stop Memo of the Village Officer was

served on the petitioner directing her to stop construction

activities in respect of the building. In Ext.P10, it was stated WP(C).No.1053/2021

that the 4th respondent has made a complaint before the RDO

and the RDO has directed the Village Officer to stop the

construction till a decision is taken on the complaints filed by

the 4th respondent. The petitioner is challenging the action of

the respondents.

3. The 1st respondent-RDO has filed a counter

affidavit. In the said counter affidavit, it has been stated that a

complaint was received from the 4 th respondent alleging that

the construction of the building would disrupt the free flow of

water, affecting the right of the 4 th respondent. It is seen from

the counter affidavit that the only 97 Square metres of land in

question is 'purayidam' in the BTR and an extent of 2.66 Ares

of land possessed by petitioner is 'nilam'. Since the entire

plot is lying together within a compound wall, the Village

Officer could not identify whether the building was constructed

in 'nilam' or in 'purayidam'. Therefore the Revenue Divisional

Officer directed the Taluk Surveyor to submit a report clarifying

the exact status of land, where the building was constructed. WP(C).No.1053/2021

A report however is yet to be submitted.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. The stand of the RDO is that the report of the Taluk

Surveyor is necessary for finalising the issue. The affidavit

was filed on 10.02.2021. Therefore, it is to be noted that so far

no such report has been submitted.

In the facts and circumstances of the case, I

disposed of the writ petition directing the 1st respondent to

obtain a report from the 3rd respondent-District Superintendent

of Survey as regards the status of the land of the petitioner. A

report should be obtained from the 3 rd respondent within a

period of one month. Thereafter, on the basis of the said

report, the 1st respondent-RDO shall finalise the proceedings

initiated as per Ext.P10, within a further period of one month,

after giving an opportunity of hearing to the petitioner as well

as the 4th respondent.

WP(C).No.1053/2021

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.1053/2021

APPENDIX OF WP(C) 1053/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.1408/2013 OF SRO MOOVATTUPUZHA DATED 08.10.2013. EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.04.2015 ISSUED BY THE VILLAGE OFFICER, KALLOORKAD VILLAGE.

EXHIBIT P2(A) A TRUE COPY OF THE TRANSFER OF REGISTRY ACCOUNT DATED 28/12/2013 ISSUED BY THE VILLAGE OFFICER, KALLOORKAD VILLAGE. EXHIBIT P2(B) A TRUE COPY OF THE BASIC TAX RECEIPT DATED 26/04/2019 ISSUED BY THE VILLAGE OFFICER, KALLOORKAD VILLAGE.

EXHIBIT P3 A TRUE COPY OF THE LETTER NO.KLD19/2018-19 DATED 20.02.2019 OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN KALLOORKAD.

EXHIBIT P4 A TRUE COPY OF THE BUILDING PERMIT NO.C5-2911/15 DATED 25.09.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE ORDER NO. 120/16 DATED 30.03.2016 ISSUED BY THE VILLAGE OFFICER, KALLOORKAD VILLAGE.

EXHIBIT P6 A TRUE COPY OF THE LETTER NO.A9-7552/15 DATED 06.04.2016 OF THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE STOP MEMO WITH NO.

C6-1466/16 DATED 19/04/2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE LETTER OF THE VILLAGE OFFICER, KALLOORKAD, REFERRED TO IN EXHIBIT P7.

EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 02.05.2016 PF THE 1ST RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE NOTICE NO.143/2017 DATED 28/04/2017 ISSUED BY THE VILLAGE OFFICER, KALLOORKAD.

EXHIBIT P11 A TRUE COPY OF THE LETTER DATED WP(C).No.1053/2021

22.10.2018 WITH NO C3-3104(2)/2018 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P12 A TRUE COPY OF THE PETITION DATED 16.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 26.06.2019 WITH NO.C3-3104(3)/2018 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P14 A TRUE COPY OF THE PETITION DATED 01.08.2019 SUBMITTED BY THE PETITIONER TO THE DISTRICT ADALATH ERNAKULAM EXHIBIT P15 A TRUE COPY OF THE DECISION TAKEN IN THE ADALATH DATED 29/07/2019.

EXHIBIT P16 A TRUE COPY OF THE LETTER NO.A3-7552/15 DATED 23.10.2019 OF THE 1ST RESPONDENT. EXHIBIT P17 A TRUE COPY OF THE LETTER DATED 29/01/2020 ISSUED BY THE TAHSILDAR (LAND RECORDS) MOOVATTUPUZHA TO THE PETITIONER EXHIBIT P18 A TRUE COPY OF THE LETTER DATED 29/01/2020 ISSUED BY THE TAHSILDAR (LAND RECORDS) MOOVATTUPUZHA TO THE DAUGHTER OF THE PETITIONER.

EXHIBIT P19 A TRUE COPY OF THE PETITION DATED 25/02/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P20 A TRUE COPY OF THE JUDGMENT DATED 30.07.2020 IN OS NO. 213/2016 OF THE MUNSIFF COURT,, MOOVATTUPUZHA.

EXHIBIT P21 A TRUE COPY OF THE LETTER NO. C3-