The District Collector vs Muhammed Rasheed
2021 Latest Caselaw 18558 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                           RP NO. 583 OF 2021
 AGAINST THE ORDER/JUDGMENT IN WP(C) 11567/2019 OF HIGH COURT OF
                            KERALA, ERNAKULAM
REVIEW PETITIONERS:

    1       THE DISTRICT COLLECTOR, CIVIL STATION, PAINAVU P.O.,
            IDUKKI DISTRICT - 685 603.

    2       THE TAHSILDAR, TALUK OFFICE, PEERUMEDU, PEERUMEDU P.O,
            IDUKKI DISTRICT - 685 531.

    3       THE TAHSILDAR (LR) TALUK OFFICE, PEERUMEDU, PEERMEDU
            P.O., IDUKKI DISTRICT - 685 531.

    4       THE SPECIAL TAHSILDAR L.A.(LAND ASSIGNMENT)
            PEERMEDU, PEERUMEDU P.O., IDUKKI - 685 531.

    5       THE TALUK SURVEYOR, PEERUMEDU TALUK (INCHARGE OF
            VAGAMON VILLAGE), PEERUMEDU P.O., IDUKKI - 685 531.

    6       THE VILLAGE OFFICER, VAGAMON VILLAGE, VAGAMON P.O.,
            PEERUMEDU TALUK, IDUKKI DISTRICT - 685 503.

            BY ADV GOVERNMENT PLEADER


RESPONDENT:

            MUHAMMED RASHEED, S/O.ABDUL KHADER, KEERIATHOTTATHIL
            HOUSE, NADACKAL P.O., ERATTUPETTA, KOTTAYAM - 686 121.


     THIS     REVIEW   PETITION   HAVING    COME   UP   FOR   ADMISSION   ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 583 OF 2021
                                  2


                             ORDER

The Sate has come up with a strange review petition.

The land was assigned in the year 1981 to the

predecessor-in-interest of the review petitioner. Ext.P2 is

the patta issued on 25.06.1981. The assignment was

under the Kerala Land Assignment Act and Rules. The

Survey number shown in the patta was Sy.No.956.

2. The writ petitioner came before this Court

seeking a direction of writ of mandamus to the official

respondents to consider his application to correct the

survey numbers and patta details.

3. This Court passed an interim order on

4.07.2019. Thereafter, pursuant to the interim order, a

statement was filed by the 2nd respondent - Tahsildar.

The statement shows that the land is comprised in Sy.No.

592. Therefore, this Court ordered the correction of the RP NO. 583 OF 2021

patta in accordance with the statement.

4. In the review petition, it is stated that the land

comprised in Sy.No.592 is a surrendered land under the

Kerala Land Reforms Act, and therefore, it can only be

assigned in accordance with the Kerala Land Reforms Act.

It is further submitted that under the Kerala Land

Reforms Act, there is a limitation for assigning the land.

The maximum land that can be assigned under the Kerala

Land Reforms Act is one Acre.

5. It is submitted that proceedings were initiated

under the Kerala Land Assignment Act to assign the land

and therefore, the patta itself was irregular.

There is no dispute in regard to assignment of the

land to the predecessor-in-interest of the writ petitioner.

There was only a mistake in the survey number. This

Court directed the Revenue Authority to correct that RP NO. 583 OF 2021

mistake. What is now attempted in these proceedings is

to reopen a proceedings concluded in the year 1981.

This Court cannot countenance such proceedings of the

Revenue Officials. There is no patent or apparent error

committed by this Court while disposing the matter. The

official respondents have no case that they had attempted

to project the case as above before the disposal of the writ

petition. There is no merit in this review petition.

Accordingly, the review petition is dismissed in limine.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR