Kunhimuhammed vs The Revenue Divisional Officer
2023 Latest Caselaw 2831 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(C) NO. 24694 OF 2022
PETITIONER/S:

          KUNHIMUHAMMED
          AGED 67 YEARS
          S/O.ABOOBACKER HAJI, MANNILTHODI KOLLETT HOUSE,
          KEEZHUPARAMBU, MALAPPURAM DISTRICT, PIN - 673639
          BY ADVS.
          BABU S. NAIR
          SMITHA BABU


RESPONDENT/S:

    1     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, PERINTHALMANNA, MALAPPURAM
          DISTRICT, PIN - 679322
    2     THE VILLAGE OFFICER
          KEEZHUPARAMBU, MALAPPURAM DISTRICT, PIN - 673639.

          GOVERNMENT PLEADER SRI.RIYAL DEVASSY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24694 OF 2022
                                                2


                                   VIJU ABRAHAM, J

                             WP(C) No.24694 of 2022
                                          st
                    Dated this the 1           day     of    March 2023

                                   J U D G M E N T

The petitioner challenging Ext.P5 communication issued by st the 1 respondent and seek for a direction to regularise the

land of the petitioner, in the light of Clause 1 of Ext.P2

Government Order, without any demand of money as fees for

regularisation.

2. Petitioner is the owner in possession of 0.0931

Hectors (23 cents) of properties comprised in Survey No.58/8-1-

1 in Block No.20 of the Keezhuparambu Village in Malappuram

District as is evident from Ext.P1 possession certificate. Though

the description of the properties is nilam in the revenue

records, the same is not included in the data bank and

therefore the properties of the petitioner is an unnotified land

for the purpose of Section 27A of the Kerala Conservation of

Paddy Land and Wetland Act.

3. For regularising the land, the petitioner had made an

application in Form No.6 before the first respondent . The WP(C) NO. 24694 OF 2022

contention of the petitioner is that since the land is below 25

cents and the same has been lying so even before 30.12.2017,

no fee is required to be paid for regularisation as per

Government Order dated 25.02.2021.

4. The petitioner submitted that initially he and his

brother were having joint ownership and possession of 28 cents

of properties out of which, they sold 5 cents of property to a

third party and the remaining 23 cents were lying together and

subsequently the brother of the petitioner had given complete

rights to the petitioner over the properties by executing a

release deed.

5. The first respondent has called for a report from the

second respondent and Ext.P3 report has been submitted.

Second respondent specifically stated in Ext.P3 report that the

properties were lying as a single plot and the same is below 25

cents of land, before 30.12.2017. Ext.P4 is an affidavit

submitted by the petitioner in this regard.

6. The first respondent without taking into all these

aspects especially Ext.P3 and Ext.P4, mechanically issued Ext.P5

without assigning any reason.

WP(C) NO. 24694 OF 2022

7. After hearing both sides, I am of the opinion that

Form No.6 application dated 18.08.2021 submitted by the

petitioner it is to be reconsidered by the first respondent in the

light of Ext.P3 report of the Village Officer. Petitioner

submitted that he is ready to produce any other documents to

the satisfaction of the first respondent. Therefore, the writ

petition is disposed of with a direction to the first respondent to

reconsider Form No.6 application submitted by the petitioner on

18.08.2021 taking into consideration Ext.P3 report of the Village

Officer and also on the basis of any other documents submitted

by the petitioner. A decision shall be taken by the first

respondent after affording an opportunity of being heard to the

petitioner, within a period of two months from the date of

receipt of a copy of this judgment. To facilitate a proper

disposal of matter as directed above, Ext.P5 communication is

set aside.

Writ Petition is disposed of as above.

sd/-

VIJU ABRAHAM, JUDGE

R.AV WP(C) NO. 24694 OF 2022

APPENDIX OF WP(C) 24694/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN RESPECT OF THE PROPERTIES OF THE PETITIONER BY THE 2ND RESPONDENT DATED, 17-6-2022.

Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER AS NO.GO(MS)1166/2021 DATED, 25-2-2021.

Exhibit P3 A TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED, 26-3-2022.

Exhibit P4 A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE PETITIONER DATED, 26-3-2022.

Exhibit P5 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED, 6-5-2022