Abdul Salam vs The District Collector
2022 Latest Caselaw 431 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                       WP(C) NO. 29370 OF 2021
PETITIONER:

          ABDUL SALAM, AGED 69 YEARS
          S/O LATE MOHAMMED RAVUTHAR, ABDUL HOUSE, ATHIKODE,
          KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT-678 555

          P.JAYARAM
          GIGI PAPPACHAN
          K.R.PAUL



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, PALAKKAD-678 001

    2     THE TAHSILDAR,(LAND RECORDS),
          CHITTUR, PALAKKAD DISTRICT-678 101

    3     THE VILLAGE OFFICER
          KOZHINJAMPARA VILLAGE OFFICE, KOZHINJAMPARA P.O.
          PALAKKAD DISTRICT-678 555

    4     THE ASST ENGINEER,
          PWD ROADS, P.O.KOZHINJAMPARA, PALAKKAD DISTICT-678 555.

    5     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

          GP - MABLE C KURIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29370 OF 2021
                                 2


                              JUDGMENT

The petitioner alleges that he has been issued with

Ext.P1 notice under the provisions of the Kerala Land

Conservancy Rules, without having been issued with any

earlier notices under Forms A and B of the said Act which is a

mandatory prerequisite. The petitioner, therefore, prays that

Ext.P1 be set aside.

2. However, in response, the learned Government

Pleader, Smt.Mable C.Kurian, submitted that the afore

assertions of the petitioner made by his learned counsel

Sri.P.Jayaram are not accurate because Form B notice was

issued to him on 17.02.2020 and that since the petitioner did

not respond to the same, Ext.P1 notice under Form C had

been issued. She, therefore, prayed that this writ petition be

dismissed.

3. Since, from the above, it is evident that the parties are

severely in dispute as to whether Form A and Form B notices

were earlier issued to the petitioner, I am certain that the

petitioner must be given opportunity of filing objections

against Ext.P1 before the competent Authority, so that the

matter can be then considered in terms of law, after hearing WP(C) NO. 29370 OF 2021

him also.

4. Resultantly, I allow this writ petition, leaving liberty to

the petitioner to file objections against Ext.P1 before the

second respondent - Tahsildar; and if this is done within a

period of two weeks from the date of receipt of a copy of this

judgment, the said Authority will hear the petitioner and

favour him with copies of Forms A and B notices, stated to

have been issued to him in the past and then complete

proceedings thereon, as expeditiously as is possible, but not

later than three months therefrom.

Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the

petitioner, all further action pursuant to Ext.P1 will stand

deferred.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 29370 OF 2021

APPENDIX OF WP(C) 29370/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE EVICTION NOTICE DATED 2.12.2021 FI-2020/1173/9/200 L.C.8/2020, ISSUED TO THE PETITIONER AND OTHERS BY THE TAHSILDAR (LAND RECORDS) CHITTUR UNDER RULE 11 OF THE LAND CONSERVANCY RULES

Exhibit P2 TRUE COPY OF THE ACCOUNT MAINTAINED AT VILLAGE OFFICE, KOZHINJAMPARA ABOUT THE PERSONS IN POSSESSION OF THE PORAMBOKE LANDS SHOWING PETITIONER'S FATHER, MOHAMMED RAWUTHAR, AS ONE OF THE PERSONS IN POSSESSION OF THE PORAMBOKE LAND UNDER LC

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 13.2.1964 ISSUED FROM KOZHINJAMPARA VILLAGE OFFICE TO PETITIONER'S FATHER, MOHAMMED RAWUTHAR, WITH RESPECT TO THE LAND CONSERVANCY ACCOUNT LC

Exhibit P4 TRUE COPY OF THE PERSONAL DEPOSIT REGISTER MAINTAINED AT KSEB, VELAMTHAVALAM SHOWING ELECTRICITY CONNECTION DATED 25.1.1971 IN THE NAME OF THE PETITIONER TO THE BUILDING CONSTRUCTED AT THE PORAMBOKE LAND

Exhibit P5 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 18.3.1971 ISSUED IN THE NAME OF PETITIONER'S FATHER, MOHAMMED RAWUTHAR, WITH RESPECT TO THE BUILDING ERECTED AT THE PORAMBOKE LAND

Exhibit P6 TRUE COPY OF THE REPORT DATED 22.11.2019 SUBMITTED BY THE VILLAGE OFFICER, KOZHINJAMPARA TO THE TAHSILDAR (LAND RECORDS) CHITTUR REFERRING TO THE ACTUAL POSSESSION OF THE PETITIONER AND OTHERS OVER THE PROPERTY BEARING BLOCK NO 36, RE-SURVEY NO 430(OLD SURVEY NO 638) SITUATED IN KOZHINJAMPARA VILLAGE

Exhibit P7 TRUE COPY OF THE ASSIGNMENT REPORT PREPARED BY THE VILLAGE OFFICER, KOZHINJAMPARA WP(C) NO. 29370 OF 2021

REFERRING TO THE ACTUAL POSSESSION OF THE PETITIONER AND OTHERS FOR THE LAST MORE THAN 50 YEARS OVER THE PROPERTY BEARING BLOCK NO 36, RE-SURVEY NO 430 (OLD SURVEY NO 638) SITUATED IN KOZHINJAMPARA VILLAGE.

Exhibit P8 CHECK LIST PREPARED BY THE VILLAGE OFFICER, KOZHINJAMPARA WITH RESPECT TO THE ASSIGNMENT OF THE LAND SHOWING ACTUAL POSSESSION OF THE PETITIONER AND OTHERS FOR THE LAST MORE THAN 50 YEARS OVER THE PROPERTY BEARING BLOCK NO 36, RE-SURVEY NO.430 (OLD SURVEY NO 638) SITUATED IN KOZHINJAMPARA VILLAGE

Exhibit P9 PHOTOGRAPHS SHOWING THE TOPOGRAPHY OF THE LAND ON WHICH THE EVICTION NOTICE IS NOW ISSUED TO THE PETITIONER UNDER LAND CONSERVANCY RULES