Vidyadhiraja Educational & ... vs The District Collector
2021 Latest Caselaw 22445 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 20418 OF 2021
PETITIONER:

          VIDYADHIRAJA EDUCATIONAL & CHARITABLE TRUST,
          REG.NO. IV/82/91, PONNARAMTHOTTAM, MAVELIKARA 690 101,
          REPRESENTED BY ITS MANAGING TRUSTEE, M.N. SASIDHARAN,
          AGED 72 YEARS, S/O.NARAYANA PILLAI, MANAMPURATHU,
          BUDHANOOR P.O, CHENGANNUR-690 101
          BY ADVS.
          RINNY STEPHEN CHAMAPARAMPIL
          ASHA ELIZABETH MATHEW

RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, ALAPPUZHA-688 001
    2     THE REVENUE DIVISIONAL OFFICER,
          RDO OFFICE, CHENGANNUR-689 121
    3     THE TAHASILDAR,
          TALUK OFFICE, MAVELIKKARA-690 101.
    4     THE VILLAGE OFFICER,
          VILLAGE OFFICE, MAVELIKARA-690 101


          RIYAL DEVASSY-GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20418 OF 2021

                                         2




                            JUDGMENT

Dated this the 9th day of November 2021

This Writ Petition is filed seeking the following

reliefs.

(i)Issue a writ of Certiorari or any other appropriate writ, order or direction calling for all the records leading to Exhibit P5 and quash the original of the same as illegal and opposed to law.

(ii)Issue an appropriate writ, order or direction declaring that the petitioner is entitled to make use of its 26.40 Ares of land in Resurvey No.3/9 of Mavelikkara Village without any interference from the part of the respondents and that the provisions of the Kerala Conservation of Paddy land and Wet land Act, 2008 has no applicability to the petitioner's said land as it is not a paddy land and that the respondents have no authority under law to initiate any proceedings against the petitioners in respect of the aforesaid land in

terms of the provisions of the Paddy Land Act.

2. The petitioner is the owner in possession of 26.40

Ares of land in Re-survey No.3/9 of Mavelikkara Village in

Mavelikkara Taluk of Alappuzha District. WP(C).No.20418 OF 2021

3. Heard the learned counsel for the petitioner

and the learned Government Pleader appearing for the

respondents.

4. It is submitted by the learned counsel

appearing for the petitioner that the impugned order is

issued only on the ground that, though the property is

entered in the Basic Tax Register as 'puriyadom', it is

shown in the old Settlement Register as 'nilam'.

5. The learned Government Pleader submits that

it was only after the Re-survey was conducted in the

year 1994, that the property appears to have been

entered in the Basic Tax Register as 'puriyadom' and

that the earlier recording in the Settlement Register is

therefore liable to be taken note of.

In Indira P.S. and Others v. Sub Collector,

Fort Kochi and Another [2020 (4) KHC 33], this

Court held that in case the entry is shown as purayidom

in the B.T.R., earlier entries in old settlement register WP(C).No.20418 OF 2021

cannot be relied by the revenue authorities. I am of the

opinion that the issue stands covered in favour of the

petitioner by the said judgment. In view of the

admitted possession that the nature of the property is

shown as 'puriyadom' in the Basic Tax Register and

since this Court has held that reliance on earlier

documents, where the property is clearly shown as

'puriyadom' in the Basic Tax Register, is not justifiable,

the petition is allowed and the impugned order is set

aside.

Sd/-

ANU SIVARAMAN JUDGE SSK/9/11 WP(C).No.20418 OF 2021

APPENDIX OF WP(C) 20418/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.

982/2005 DATED 30.02.2005 OF SRO, MAVELIKARA.

Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.10.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.04.2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. Exhibit P4 A TRUE COPY OF THE CERTIFICATE DATED 20.10.2020 ISSUED BY THE AGRICULTURAL OFFICER, MAVELIKARA.

     Exhibit P5        A TRUE COPY OF THE STOP MEMO DATED
                       19.10.2020      ISSUED    BY  THE    4TH
                       RESPONDENT.
     Exhibit P6        A TRUE COPY OF THE REPRESENTATION

DATED 29.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

     RESPONDENTS' EXHIBITS:     NIL



      SSK                //TRUE COPY//      PA TO JUDGE