M.K.Babu vs State Of Kerala
2021 Latest Caselaw 15829 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                         WP(C) NO. 20846 OF 2020
PETITIONER:

              M.K.BABU,AGED 62 YEARS,S/O. KUNJIRAMAN,
              MANGAT HOUSE, NJARAKAD ROAD,
              PERUVARAM WEST,
              NORTH PARAVOOR, 683513,
              ERNAKULAM DISTRICT.
              BY ADVS.
              M.B.SOORI
              SRI.FRANKLIN ARACKAL


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE PRINCIPAL SECRETARY,
              REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
     2        THE DISTRICT COLLECTOR,
              ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR,
              COLLECTORATE, CIVIL STATION,
              KAKKANAD-682030.
     3        REVENUE DIVISIONAL OFFICER,
              1ST FLOOR, K.B.JACOB ROAD,
              FORT KOCHI-682001.
     4        THE TAHSILDAR,
              OFFICE OF THE TAHSILDAR, 1ST FLOOR,
              ABOVE SUB REGISTRAR OFFICE,
              POLICE STATION ROAD,
              NORTH PARAVUR, PIN-683513.
     5        THE VILLAGE OFFICER,
              OFFICE OF THE VILLAGE OFFICER,
 W.P(C) No.20846 of 2020               2

             NORTH PARAVUR, PIN-683513.
     6       THE AGRICULTURAL OFFICER,
             KRISHIBHAVAN, CHITTATTUKARA-683522.


              BY GOVT. PLEADER MS. REKHA C.NAIR


      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   30.07.2021,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.20846 of 2020                         3



                               GOPINATH P., J.
                             ..................................
                          W.P(C) No.20846 of 2020
                           ......................................
                      Dated this the 30th day of July, 2021

                                        JUDGMENT

Petitioner is the owner in possession of 1.42 Ares of land in

survey No.360-1-3 of North Paravoor Village. It is the case of the petitioner

that in the tax receipts pertaining to the property issued in the years 2009

and 2011 as well as in the thandaper extract, the land is described as

'purayidom'. However, according to the petitioner, when Exts.P7 and P8 tax

receipts were issued, the very same property has been described as 'nilam'.

This according to the petitioner is an obvious mistake. Petitioner therefore

submitted Ext.P12 application to the Revenue Divisional Officer for

correction of the revenue records. A report was called for in respect of

Ext.P12 application and the Village Officer, North Paravoor Village through

Ext.P14 has reported as follows:

"1952 െലെ 3118 നമ്പര്‍ ആധാരം പരിശോശാധിശച്ചതിശല്‍ Sy.No.360/7 െപ്പെട്ട വസ്തുവിശെന

വിശവരങ്ങളിശല്‍ "വസ്തുവിശെലെ സകലെവ‍ൃൃക്ഷങ്ങളും പുരയും" എന്ന് കാണിശച്ചിശട്ടുള്ളതാണ്. "

2. Learned counsel for the petitioner submits that in the light of

Ext.P14 report, Ext.P12 application has to be allowed by the Revenue

Divisional Officer.

Though Ext.P12 application was filed on 06.09.2019, no final

orders have been passed thereon. Having heard the learned counsel for the

petitioner and the learned Government Pleader appearing for the

respondents, this writ petition will stand disposed of directing the 3 rd

respondent to consider and pass orders on Ext.P12 application taking note of

Ext.P14 report of the Village Officer, North Paravoor, and such other

material that may be relied on by the petitioner, within a period of one

month from the date of receipt of a certified copy of the judgment, after

affording an opportunity of hearing to the petitioner.

Writ petition will stand disposed of accordingly.

GOPINATH P.

Judge

cks

APPENDIX OF WP(C) 20846/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 19/05/1998 NO.2218/1998 OF NORTH PARAVOOR SRO.

EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED 20/09/2004 NO. 5752/2004 OF NORTH PARAVOOR SRO.

EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 15/10/2014 ISSUED FROM THE CHITTATTUKARA GRAMA PANCHAYATH.

EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 01/08/2009 ISSUED FROM NORTH PARAVUR VILLAGE OFFICER.

EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 21/02/2011 ISSUED FROM NORTH PARAVUR VILLAGE OFFICE.

EXHIBIT P6 TRUE COPY OF THE THANDAPER ACCOUNT OF THE PETITIONER'S LAND ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LAND TAX RECEIPT DATED 16/08/2019 FOR THE PERIOD 2019-2020. EXHIBIT P8 TRUE COPY OF THE LAND TAX RECEIPT DATED 14/09/2020 FOR THE PERIOD 2020-21 ISSUED FROM NORTH PARAVUR VILLAGE OFFICE.

EXHIBIT P9 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY MR. MATHEW KURIAN BEFORE THE 5TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER NORTH PARAVUR.

EXHIBIT P11 TRUE COPY OF THE DATA BANK OF PADDY LAND AND WETLAND OF PARAVUR VILLAGE ISSUED BY THE AGRICULTURAL OFFICER, CHITTATTUKARA. EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED 06/09/2019 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE RECEIPT DATED 06/09/2019

FROM THE OFFICE OF THE 3RD RESPONDENT EVIDENCING SUBMISSION OF EXT.P12 APPLICATION.

EXHIBIT P14 TRUE COPY OF THE REPORT DATED 12/11/2019 SUBMITTED BY THE VILLAGE OFFICER NORTH PARAVUR TO THE 3RD RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE PARTITION DEED NO.3118/1952 DATED 10/09/1952 OF NORTH PARAVOOR SRO.

            RESPONDENTS' EXHIBITS:                     NIL