Valsamma vs The Tahsildar
2021 Latest Caselaw 9680 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7518 OF 2021(L)


PETITIONER:

               VALSAMMA,W/O.JOSEPH, GOPURATHINKAL HOUSE,
               ATTAPPALAM, KUMILY, IDUKKI DISTRICT.

               BY ADVS.
               SRI.G.HARIHARAN
               SRI.PRAVEEN.H.
               SMT.K.S.SMITHA
               SRI.V.R.SANJEEV KUMAR

RESPONDENTS:

      1        THE TAHSILDAR, PEERMADE TALUK
               PEERMADE, IDUKKI DISTRICT - 683 531.

      2        THE VILLAGE OFFICER,KUMILY VILLAGE OFFICE,
               KUMILY, IDUKKI DISTRICT - 686 603.

      3        REVENUE DIVISIONAL OFFICER
               IDUKKI AT CIVIL STATION, PAINAVU,
               IDUKKI DISTRICT - 685 603.

      4        THE DISTRICT COLLECTOR
               IDUKKI AT CIVIL STATION, PAINAVU,
               IDUKKI DISTRICT - 685 603.

               BY GOVT. PLEADER SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7518 OF 2021(L)             2




                                  JUDGMENT

Dated this the 23rd day of March 2021

As a prelude for construction of a house in the

property of the petitioner, he started the work of

leveling of the property, whereupon Ext P7 stop memo was

issued as if the property is a wet land. The petitioner

maintains that the property in question is a dry land as

evidenced by Ext P10 certificate of purchase and Ext P8

thandaper extract.

2. The 4th respondent being the authority

constituted under Section 13 of the Kerala Conservation

of Paddyland and Wetland Act (in short, 'the Act'), it

is directed that the petitioner may approach the 4 th

respondent- District Collector voicing his grievance and

the 4th respondent shall consider the same and pass

appropriate orders within a period of one month from the

date of receipt of such application/objections to Ext P7

stop memo. Needless to say that the 2 nd respondent shall

forward relevant records to the 4th respondent forthwith.

Sd/-

SATHISH NINAN

JUDGE

vdv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.1506/2018 OF SRO, PEERMADE EXECUTED BY THE PETITIONER'S HUSBAND SRI.JOSEPH ON 02/05/2018.

EXHIBIT P2 TRUE COPY OF THE PARTITION DEED NO.1199/1995 OF SRO, PEERMADE EXECUTED BETWEEN THE FAMILY MEMBERS OF THE PETITIONER'S HUSBAND ON 12/04/1995.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT NO.1502253 DATED 29/08/2018 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE BUILDING PLANS PREPARED BY THE PETITIONER FOR THE CONSTRUCTION OF DWELLING HOUSE FOR HER OWN.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 26/02/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE ACKNOWLEDGMENT DATED 26/02/2021 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF APPLICATION FOR POSSESSION CERTIFICATE.

EXHIBIT P6 TRUE PHOTOGRAPH OF THE LAND MENTIONED IN EXHIBIT P1 BEFORE AND AFTER CURRING THE TREES STANDING THEREIN.

EXHIBIT P7 TRUE COPY OF THE STOP MEMO DATED 06/02/2021 ISSUED BY THE 2ND RESPONDENT AGAINST THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE TANDAPER EXTRACT OF

KUMILY VILLAGE RELATING TO THE LAND MENTIONED IN EXHIBIT P1.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 01/03/2021 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE CERTIFICATE OF PURCHASE NO.128/1975 ISSUED BY HE LAND TRIBUNAL, PEERMADE ON 26/08/1975.

EXHIBIT P11 TRUE COPY OF THE CERTIFICATE NO.972/2006 DATED 29/03/2006 ISSUED BY THE 2ND RESPONDENT.