Kerala High Court
Shereefa vs The Village Officer, Kakkody Village on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 11120 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11120 OF 2017
PETITIONER/S:
1 SHEREEFA
W/O. USMAN, THEYYATHAMKANDY HOUSE,POST KOLAKKAD,
ATHOLI, KOZHIKODE DISTRICT,PIN - 673 315.
2 SAKKEENA
W/O. MUHAMMED KOYA, ORAVANGARA THAZHE HOUSE,POST
VENGALAM, KOZHIKODE DISTRICT - 673 303.
3 FATHIMA
W/O. MAMMED, RASHEEDA MANZIL (KODATHALI) HOUSE,POST
VENGALAM, KOZHIKODE DISTRICT - 673 303.
BY ADV SRI.K.RAKESH ROSHAN
RESPONDENT/S:
1 THE VILLAGE OFFICER, KAKKODY VILLAGE
POST KAKKODI, KOZHIKODE DISTRICT,PIN - 673 611.
2 REVENUE DIVISIONAL OFFICER
KOZHIKODE, CIVIL STTION,KOZHIKODE DISTRICT - 673 001.
3 THE DISTRICT COLLECTOR
KOZHIKODE DISTRICT, COLLECTORATE,KOZHIKODE CIVIL
STATION,KOZHIKODE DISTRICT - 673 001.
4 CONVENER
LOCAL LEVEL MONITARING COMMITTEE,(UNDER WET AND
ACT)/AGRICULTURAL OFFICER,KRISHIBHAVAN, KAKKODI, POST
WP(C) NO. 11120 OF 2017 2
KAKKODI,KOZHIKODE DISTRICT - 673 611.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11120 OF 2017 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 11120 of 2017
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Dated this the 4th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
i) "Issue an appropriate writ and Declare that the property
of the petitioners covered by documents Exhibit P-1 series is a
pacca garden land.
AND
ii. Issue such other writ or direction which this Hon'ble
Court may deem fit to pass in the circumstances of the
case."[sic]
2. The prayer in this writ petition is to correct the entry
in the revenue records regarding the nature of the property. If
that is the case, the petitioners have got remedy as per Kerala
Conservation of Paddy Land and Wetland Act, 2008 and Kerala
Utilization Order, 1967. The petitioners are free to agitate the
same in accordance with law.
Granting liberty to the petitioners to do the needful in
accordance with law, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 11120/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED WITH
NUMBER 2865/2012 OF SUB-REGISTRAR OFFICE,
KAKKODI, IN THE NAME OF THE PETITIONERS.
EXHIBIT P1(A) TRUE COPY OF THE ASSIGNMENT DEED WITH NMBER
2866/2012 OF SUB REGISTRAR OFFICE, KAKKODI,
IN THE NAME OF THE PETITIONERS.
EXHIBIT P1(B) TRUE COPY OF THE ASSIGNMENT DEED WITH
NUMBER 2867/2012 OF SUB REGISTRAR OFFICE,
KAKKODI, IN THE ANME OF THE PETITIONERS.
EXHIBIT P2 TRUE COPY OF THE ASSIGNMENT DEED WITH
NUMBER 821/1989 OF SUB-REGISTRAR OFFICE,
KAKKODI, IN THE NAME OF ONE MR.RAGHAVAN.
EXHIBIT P2(A) TRUE COPY OF THE ASSIGNMENT DEED WITH
NUMBER 4788/2005 OF SUB-REGISTRAR OFFICE,
KAKKODI, IN THE NAME OF ONE MR.SUDHAKARAN.
EXHIBIT P2(B) TRUE COPY OF THE ASSIGNMENT DEED WITH
NUMBER 2283/2008 OF SUB-REGISTRAR OFFICE,
KAKKODI, IN THE NAME OF ONE MR.ASOK KUMAR.
EXHIBIT P3 TRUE COPY OF THE PHOTO GRAPH SHOWING THE
LIE OF THE PROPERTY.
EXHIBIT P3(A) TRUE COPY OF THE PHOTOGRAPH SHOWING THE LIE
OF THE PROPERTY.
EXHIBIT P4 TRUE COPY OF THE ELECTRICITY BILL ISSUED BY
KSEB.
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY 1ST RESPONDENT FOR THE PROPERTY
COVERED BY EXHIBIT P1 SERIES.
