Sulaiman vs State Of Kerala
2021 Latest Caselaw 18188 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 17894 OF 2021
PETITIONER:

          SULAIMAN ,
          AGED 54 YEARS
          S/O. MAMMU HAJI, RESIDING AT KALLAN HOUSE, P.O.
          KALARMANGALAM, KADAMBUZHA, MARKKARA AMSOM,
          KALARMANGALAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT,
          PIN-676 553

          BY ADVS.
          P.T.SHEEJISH
          P.K.PURUSH
          HARIKIRAN
          P.SREELAKSHMI
          A.ABDUL RAHMAN (A-1917)
          JASHITHA VIJAYAN
          AKHILA SRIDHARAN
          STEPHY GRACE RAJ


RESPONDENTS:


    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY, DEPARTMENT OF LAND REVENUE,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN-695 001

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM
          DISTRICT, PIN-676 504

    3     THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
          MALAPPURAM DISTRICT, PIN-676 101

    4     THASHSILDAR,
          TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT, PIN-676 101.
 WP(C) NO. 17894 OF 2021
                                2

    5     THE VILLAGE OFFICER,
          KUTTIPPURAM VILLAGE OFFICE, MALAPPURAM DISTRICT, PIN-
          676 103

    6     DISTRICT AGRICULTURAL OFFICER,
          CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, 2ND FLOOR,
          B3 BLOCK, CIVIL STATION RD, UP HILL, MALAPPURAM,
          KERALA-676 505


OTHER PRESENT:

          SMT.SURYA BINOY B -SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17894 OF 2021
                                  3

                            JUDGMENT

This writ petition is filed seeking directions to the 3 rd

respondent to consider and pass orders on Ext.P3 application

preferred by the petitioner for rectification in the revenue records.

2. The learned counsel for the petitioner submits that the

petitioner is the owner in possession of 46.14 Ares of property in

Resurvey No.267/4-2 of Kuttippuram Village in Malappuram

District. It is submitted that the property is not included in the

Data Bank. However, it is shown in the revenue records as 'paddy

land'. The learned counsel for the petitioner submits that the

property in question is lying as dry land and that the inclusion of

the property as paddy land in the revenue records is erroneous.

Ext.P3 application has been submitted by the petitioner before

the 3rd respondent and the petitioner seeks a consideration

thereof.

3. Having heard the learned Government Pleader also, I

am of the opinion that the request made by the petitioner is liable WP(C) NO. 17894 OF 2021

to be considered in accordance with law.

4. There will, accordingly, be a direction to the 3 rd

respondent to take up, consider and pass orders on Ext.P3

application preferred by the petitioner, after obtaining all relevant

reports including that of the concerned Village Officer, within a

period of three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/06.09.2021 WP(C) NO. 17894 OF 2021

APPENDIX OF WP(C) 17894/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07.07.2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 THE PHOTOGRAPHS OF THE SAID BUILDING IN THE PROPERTY.

Exhibit P3 THE TRUE COPY OF THE FORM 7 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 22.07.2021.