Sakeer Hussain vs Jaysree
2021 Latest Caselaw 18249 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         Monday, the 6th day of September 2021 / 15th Bhadra, 1943
          CONTEMPT CASE(C) NO. 983 OF 2021(S) IN WP(C) 12906/2020

PETITIONER/PETITIONER IN WPC:

     SAKEER HUSSAIN, AGED 46 YEARS, S/O.MOIDEENKUTTY,

     ILLIKKAL HOUSE, KOOTTANPARA, AMARAMBALAM.P.O,

     VIA. POOKKOTTUMPADAM, NILAMBUR TALUK,

     MALAPPURAM DISTRICT, PIN-679 332.

     BY ADVS. M/S. K.SHIBILI NAHA & A.LOWSY.

RESPONDENT/3RD RESPONDENT IN WPC:

     SMT.JAYASREE, AGED 46 YEARS, W/O.SABU, 'SREELAKAM',

     AMARAMBALAM (S) P.O, VANIYAMBALAM VIA;,

     MALAPPURAM DISTRICT-679 339, THAHASILDAR (LAND RECORDS),

     NILAMBUR TALUK OFFICE, CHANDAKKUNNU P.O., MALAPPURAM-679 329.



     SRI.SAIGI JACOB PALATTY,SENIOR GOVERNMENT PLEADER FOR RESPONDENT.


     This Contempt of court case (civil) having come up for orders on
06.09.2021, the court on the same day passed the following:

                                                           P.T.O.
                   ALEXANDER THOMAS, J.
            -----------------------------------------------------
             Contempt of Court Case No.983 of 2021
               [arising out of judgment dated 01.07.2020
                       in W.P.(C) No.12906/2020]
                                    &
             Contempt of Court Case No.999 of 2021
               [arising out of judgment dated 01.07.2020
                       in W.P.(C) No.12926/2020]

                 ------------------------------------------
                Dated this the 6th day of September, 2021


                                ORDER

Today, when the matter has been taken up for consideration,

Shri.Saigi Jacob Palatty, learned Senior Government Pleader would

submit on the basis of instructions that the respondent - Tahsildar has

already passed orders correcting the BTR entries in respect of the

subject properties with the entry that the subject properties shall

henceforth be described as "swabhava vyathiyanam varuthiya

bhoomi". It appears that the said revised entry has been made by the

respondent - Thahasildar on the basis of the stipulations in

Government Circular No.REV-P1/157/2019-REV dated 23.05.2019.

The said stipulation in the Government Circular dated 23.05.2019 is

patently illegal and ultravires the statutory provisions contained in

Rule 13(3) of the Kerala Conservation of Paddy Land and Wetland Act,

2008, which envisages that the converted property can be shown only

as "purayidam/garden land" and not as "swabhava vyathiyanam

varuthiya bhoomi". So also, there is no classification for land as Contempt of Court Case No.983 of 2021 & Contempt of Court Case No.999 of 2021

"swabhava vyathiyanam varuthiya bhoomi" as per the provisions

contained in the Revenue Manual/Village Manual, which governs the

field. Hence, the respondent - Tahsildar is given last chance by two

weeks to recall the present proceedings and pass fresh orders so as to

correctly describe the change of the land as "purayidam/garden land"

and not as "swabhava vyathiyanam varuthiya bhoomi". Failing which,

this Court will be constrained to take action under the Contempt of

Court proceedings.

List on 22.09.2021.

Handover to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE STK

06-09-2021 /True Copy/ Assistant Registrar