Anarath Ammed Haji vs The Revenue Divisional Officer/ ...
2023 Latest Caselaw 11196 Ker

W.P.(C).No.35299 of 2023                1


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(C) NO. 35299 OF 2023
PETITIONER:

            ANARATH AMMED HAJI
            AGED 64 YEARS
            S/O. ANARATH MOIDU HAJI ANARATH HOUSE, NEAR STAR
            TILE WORKS, PANNIYANKARA, KALLAI POST, KOZHIKODE
            DISTRICT, PIN - 673003

            BY ADVS.
            M.K.SUMOD
            VIDYA M.K.
            RAJ CAROLIN V.
            THUSHARA.K



RESPONDENT/S:

    1       THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR
            REVENUE DIVISIONAL OFFICE, CIVIL STATION JUMA
            MASJID, SH29, ERANHIPALAM, KOZHIKODE DISTRICT,
            PIN - 673020

    2       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM., PIN - 695001


OTHER PRESENT:

            GP - RIYAL DEVASSY


     THIS     WRIT   PETITION    (CIVIL)       HAVING    COME    UP    FOR
ADMISSION     ON   27.10.2023,    THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.35299 of 2023            2

                     VIJU ABRAHAM,J
                -----------------------
               W.P.(C).No.35299 of 2023
           ---------------------------------
        Dated this the 27th day of October, 2023

                            JUDGMENT

Petitioner has approached this Court seeking a

direction to the 1st respondent to consider and

pass orders on Ext.P6, Form 5 application.

2. The petitioner purchased an extent of 57.72

Ares comprising of 4.10 Ares in Resurvey No.144/1,

15.40 Ares in Resurvey No.144/2 and 38.58 Ares in

Resurvey No.144/16 64/36 in Block No.47 of

Kottapally village, Vadakara Taluk of Kozhikode

District as per Registered Sale deed No.861 of

1993, No.1856 of 1993 and No.1196 of 1997 all of

Thiruvalloor SRO. Petitioner contend that the

property is lying as a 'purayidam', but is wrongly

entered in the BTR as well as in the data bank as

paddy land. Thereupon, the petitioner submitted

Ext.P6 application before the 1st respondent for

removing the same from the data bank.

3. Heard the learned Government Pleader also.

After hearing both sides, the above writ

petition is disposed of with a direction to the 1 st

respondent to consider and pass orders on Ext.P6

Form-5 application in accordance with law, as

expeditiously as possible, at any rate, within a

period of six months from the date of receipt of a

copy of this judgment.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 35299/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO. 861 OF 1993 OF THIRUVALLOOR SRO DATED 14/06/1993.

Exhibit P2 TRUE COPY OF THE REGISTERED SALE DEED NO. 1856 OF 1993 OF THIRUVALLOOR SRO DATED 13/07/1993.

Exhibit P3 TRUE COPY OF THE REGISTERED SALE DEED NO. 1196 OF 1997 OF THIRUVALLOOR SRO DATED 29/08/1997.

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL11030807635/2023 FOR THE YEAR 2023-2024 DATED 21/09/2023 ISSUED BY THE VILLAGE OFFICE, KOTTAPALLY VILLAGE.

Exhibit P5 TRUE COPY OF THE DATABANK APPENDED TO THE NOTIFICATION ISSUED BY THE SECRETARY; THIRUVALLUR GRAMA PANCHAYAT DATED 26/09/2010 BEARING NO. B2- 12895/10.

Exhibit P6 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT BEARING NUMBER 9/2023/271580 DATED 22/09/2023.

Exhibit P7 TRUE COPY OF THE RECEIPT OF RS. 100/-

ISSUED BY THE KOTTAPALLY VILLAGE OFFICE TO THE PETITIONER DATED 21/09/2023 BEARING NO. KL11030807637/2023.