M.U.Abdun Nazir vs The Revenue Divisional Officer ...
2021 Latest Caselaw 20336 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                        WP(C) NO. 16864 OF 2021
PETITIONER:

          M.U.ABDUN NAZIR
          AGED 59 YEARS
          S/O.M.M.UMMER, NAZIRIN MANZIL, SALAMATH NAGAR,
          PALAKKAD, PIN - 678 001.

          BY ADVS.
          JACOB SEBASTIAN
          K.V.WINSTON
          ANU JACOB


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER PALAKKAD
          OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD,
          PALAKKAD DISTRICT, PIN - 678 001.

    2     THE ADDITIONAL TAHSILDAR
          TALUK OFFICE, CIVIL STATION,
          PALAKKAD DISTRICT, PIN - 678 001.

    3     THE VILLAGE OFFICER
          POLPULLY VILLAGE, POLPULLY VILLAGE OFFICE,
          PALAKKAD DISTRICT, PIN -678 552.

    4     THE LOCAL LEVEL MONITORING COMMITTEE FOR POLPULLY
          PANCHAYAT, CONSTITUTED UNDER THE CONSERVATION OF PADDY
          LAND AND WETLAND ACT, REPRESENTED BY ITS CONVENER,
          THE AGRICULTURAL OFFICER, POLPULLY PANCHAYAT,
          PALAKKAD DISTRICT, PIN - 678 552.

          SMT.SURYA BINOY B., SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16864 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) Issue a writ in the nature of mandamus commanding respondents two and three to implement exhibit P3 order and modify the entry regarding the petitioner's plot (0.1450 hectors area and comprised in Survey No.128A/6/8, Resurvey No.252/6-2, Resurvey block No.45, in Polpully Panchayath) in the basic tax register as garden land fit for construction purpose;

(ii) Declare that inasmuch as the conversion of the petitioner's plot is regularized by exhibit P3 order, he could also seek change of records of BTR in respect of the subject property without making any payments as envisaged under section 27C of the Kerala Conservation of Paddy Land and Wet Land Act, 2008;

(iii) Issue a writ in the nature of mandamus commanding respondents two and three to implement exhibit P3 order forthwith without the petitioner being directed to make any payment in terms of section 27A(3) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008"

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner of 14.50 Ares of property in Survey No.128A/6/8,

Resurvey No.252/6-2, Resurvey block No.45 in Polpully Village of WP(C) NO. 16864 OF 2021

Palakkad Taluk, Palakkad district. It is submitted that the predecessor in

interest of the petitioner had obtained Ext.P3 order correcting the

mistake in the Revenue records and changing the classification of the

property as Purayidom from the previous entry of Purayidom (eari). It is

submitted that the property stood deleted from the data bank also by

Ext.P6 proceedings. However, it is submitted that in spite of Exts.P3 and

P6 orders, the respondents have issued Possession Certificate in respect

of the property showing the property as Purayidom/Kulam. It is

submitted that Ext.P1 is issued without considering either Ext.P3 or

Ext.P6 and that the same is liable to be corrected in accordance with

Exts.P3 and P6 orders.

4. The learned Government Pleader submits, on instructions, that due

to the change in the ownership of the property after Ext.P3, Exts.P3 and

P6 were omitted to be noticed while issuing Ext.P1 Possession Certificate.

5. Having considered the contentions advanced and in view of Exts.P3

and P6 orders, I am of the opinion that the recording of the property as

Purayidom/Kulam in the Possession Certificate issued to the petitioner is

not legally proper or valid.

6. In the above view of the matter, there will be a direction to WP(C) NO. 16864 OF 2021

respondents 2 and 3 to implement Ext.P3 order and to effect the

modifications in the Revenue records, accordingly, showing the extent of

14.50 Ares of property, comprised in Survey No.128A/6/8, Resurvey

No.252/6-2, Resurvey block No.45 in Polpully Panchayat of Polpully

Village of Palakkad Taluk, in the Basic Tax Register as garden

land/Purayidom. Appropriate steps shall be taken and a fresh Possession

Certificate shall be issued within a period of three weeks from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16864 OF 2021

APPENDIX OF WP(C) 16864/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04/07/2018.

Exhibit P2 A TRUE COPY OF THE REGISTERED SALE DEED NUMBER 3549 OF 2008 OF THE SRO, CHITTUR DATED 17/10/2008.

Exhibit P3 A TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD DATED 18/11/2008.

Exhibit P4 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27/11/2008 ISSUED BY THE VILLAGE OFFICER POLPULLY.

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 11/07/2018 IN WP(C) NO.23098/2018 OF THIS HONOURABLE COURT.

Exhibit P6 A TRUE COPY OF THE ORDER DATED 25/09/2020 ISSUED BY THE FIRST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL