Suresh vs The District Collector
2021 Latest Caselaw 9070 Ker

WP(C).No.7027 OF 2021(C)

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       WP(C).No.7027 OF 2021(C)


PETITIONER:

               SURESH,S/O MANI, AGED 46 YEARS, KUTTALA HOUSE,
               VILAYODI, ERALAMPULLY, VANDITHAVALAM VILLAGE,
               CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678 103.

               BY ADVS.
               SRI.RAJESH SIVARAMANKUTTY
               SMT.K.VIJINA
               SRI.ARUL MURALIDHARAN

RESPONDENTS:

      1        THE DISTRICT COLLECTOR, PALAKKAD,OFFICE OF THE
               DISTRICT COLLECTOR, PALAKKAD, PIN-678 001.

      2        THE DEPUTY COLLECTOR (LR),
               OFFICE OF THE DEPUTY COLLECTOR (LR), CIVIL STATION,
               PALAKKAD, PIN-678 001.

      3        THE ADDITIONAL TAHSILDAR (RE-SURVEY),
               OFFICE OF THE ADDITIONAL TAHSILDAR, CHITTUR,
               PALAKKAD DISTRICT-678 101.

      4        THE VILLAGE OFFICER,CHITTUR, OFFICE OF THE VILLAGE
               OFFICER, CHITTUR, PIN-678 101.

      5        THE TALUK SURVEYOR, OFFICE OF THE TALUK SURVEYOR,
               CHITTUR, PALAKKAD DISTRICT-678 101

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7027 OF 2021(C)

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                         Sathish Ninan, J.
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                     W.P.(C) No.7027 of 2021
                   ==========================
             Dated this the 18th day of March, 2021

                             JUDGMENT

The property of the petitioner having an extent

0.3318 Hectors in RS 28/6, Block No.66 of Chittur village

is a dry land(purayidom) and had been so described in Ext

P2 Basic Tax Register and Ext P3 Fair Value Register

prior to the purchase of the property by him in the year

2013. The Thandaper Register indicated the nature of the

land as 'purayidom'. However, at some point of time, the

said entry was corrected as 'Nilam'. The said correction

was made without notice to the petitioner.

2. The mistake was sought to be got rectified by the

petitioner by filing an application before the second

respondent. The petition submitted was taken on file as

file No.DCPKD/10495/2019-LRG9. Orders are yet to be

passed thereon. The petitioner seeks for an expeditious

consideration of his application.

I dispose of this writ petition directing the second

respondent to consider the petitioner's application taken WP(C).No.7027 OF 2021(C)

on file as file No. DCPKD/10495/2019-LRG9, with due

consideration to the earlier revenue records, and pass

appropriate orders thereon, as expeditiously as possible

and at any rate within a period of three months from the

date of receipt of a copy of this judgment.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.7027 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO 1725/2013 OF SRO CHITTUR

EXHIBIT P2 TRUE COPY OF FORM-F OF BASIC TAX REGISTER WITH RESPECT TO BLOCK 66 OF CHITTUR VILLAGE, CHITTUR TALUK WITH RESPECT TO RESURVEY 28/6 ISSUED BY 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE AT ITEM NO 2 OF THE SCHEDULE OF THE FAIR VALUE REGISTER OF THE PROPERTY IN RESURVEY BLOCK NO 66 IN CHITTUR- THATHAMANGALAM MUNICIPALITY

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.11.2012 ISSUED TO THE ASSIGNOR OF EXHIBIT P-1

EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27.2.2013 ISSUED TO THE ASSIGNOR OF EXHIBIT P-1

EXHIBIT P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 2.1.2014 ISSUED TO THE ASSIGNOR OF EXHIBIT P-1

EXHIBIT P7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.2.2015 ISSUED BY 4TH RESPONDENT TO PETITIONER AND ANOTHER

EXHIBIT P8 TRUE COPY OF THE REGISTERED SALE DEED NO 771/2015 OF SRO, CHITTUR EXECUTED BY THE PETITIONER AND ANOTHER IN FAVOUR OF AMBIKA DEVI

EXHIBIT P9 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1.1.2016 ISSUED FROM 4TH RESPONDENT TO AMBIKA

EXHIBIT P10 TRUE COPY OF THE REGISTERED RELEASE DEED NO 207/2016 OF SRO, CHITTUR EXECUTED IN FAVOUR OF THE PETITIONER WP(C).No.7027 OF 2021(C)

EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGE OF FORM-F OF BASIC TAX REGISTER ISSUED WITH RESPECT TO THE PROPERTY OF THE PETITIONER DESCRIBING THE CLASSIFICATION AS NILAM

EXHIBIT P12 TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN FILE NO DCPKD/10495/2019-LRG9 DATED 16.10.2020