Shajahan T.S vs State Of Kerala
2021 Latest Caselaw 20711 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 18142 OF 2018
PETITIONER:

          SHAJAHAN T.S
          AGED 38 YEARS
          S/O.SAIDALI, THEKKINTHODY HOUSE,CHAMBRAKULAM DESOM,
          KOTTAYI PANCHAYATH AND POST,ALATHOOR TALUK, PALAKKAD
          DISTRICT, PIN-678 572.

          BY ADVS.
          SRI.T.M.RAMAN KARTHA
          SRI.P.V.BIJUMON
          SMT.K.BINUMOLE THOMAS


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY THE SECRETARY TO GOVT.,DEPARTMENT OF REVENUE,
          GOVT. OF KERALA,THIRUVANANTHAPURAM, PIN-695 001.

    2     THE DISTRICT COLLECTOR, PALAKKAD
          CIVIL STATION, PALAKKAD - 678 013.

    3     REVENUE DIVISIONAL OFFICER, PALAKKAD,
          PIN - 678 013.

    4     THE VILLAGE OFFICER, KOTTAYI, PIN - 678 572
          PALAKKAD DISTRICT.

    5     SECRETARY, KOTTAYI GRAMA PANCHAYATH
          PALAKKAD DISTRICT, PIN-678 572

    6     THE LOCAL LEVEL MONITORING COMMITTEE
          KOTTAYI VILLAGE, REPRESENTED BY ITS
          CONVENER,AGRICULTURAL OFFICER, KRISHI BHAVAN,
          KOTTAYI, PIN-678 572, PALAKKAD DISTRICT.

          R5 BY ADV SRI.U.BALAGANGADHARAN
          R1-R4 & R6 BY SRI. RIYAL DEVASSY, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18142 OF 2018

                                   2




                             JUDGMENT

This writ petition has been filed challenging Ext.P5 order

issued by the District Collector on 16.08.2016, rejecting an

application for change of nature of the property and directing the

restoration of the land to its original state. Further relief is sought

for quashing the endorsement of the 6 th respondent on Ext.P6

application rejecting it as time barred.

2. The learned counsel for the petitioner submits that the

property covered by Exts.P5 and P6 was actually converted long

prior to 2008 and that the petitioner may be permitted to avail of

the statutory remedies available to him.

Without expressing any opinion on the merits of the matter,

this writ petition is closed, leaving open the statutory remedies

available to the petitioner, if any, in accordance with the law.

Sd/-

ANU SIVARAMAN JUDGE

DK WP(C) NO. 18142 OF 2018

APPENDIX OF WP(C) 18142/2018

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1795/2011 EXECUTED IN FAVOUR OF THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE ABOVE PROPERTY ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT

EXHIBIT P3 COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT ON 9/2/2012 IN PROOF

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON 14/3/2016

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 16/8/2016

EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 29/12/2017 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT