Saidalavi.M vs The Revenue Divisional Officer
2024 Latest Caselaw 8747 Ker

Kerala High Court

Saidalavi.M vs The Revenue Divisional Officer on 27 March, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                      WP(C) NO. 31763 OF 2013
PETITIONER:

             SAIDALAVI.M
             S/O.CHERIYA BAVA, MEENTHOORI HOUSE,
             MALAPPURAM DISTRICT,KERALA STATE.

             BY ADV SRI.K.K.MOHAMED RAVUF



RESPONDENTS:

       1     THE REVENUE DIVISIONAL OFFICER
             TIRUR, MALAPPURAM DISTRICT- 676 101.

       2     THE ADDITIONAL TAHSILDAR,
             THIRURANGADI, MALAPPURAM DISTRICT-676 001.

             BY ADV. SRI. VENUGOPAL V (GP)




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    27.03.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.31763/2013                         2




                                JUDGMENT

This writ petition was filed in the year 2013 seeking the

following reliefs:

i. "issue a writ of mandamus or any other appropriate writ. Order or Direction, directing the 1st respondent to allow Exhibit P3 application and permit the petitioner to fill the property of 76 cents comprised in Resurvey No.198/1 of Neduva Village for making it fit for doing cultivation of Coconut Palms, Plantation and Tapioca etc., without insisting for paddy cultivation.

and ii. To issue such other directions or orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case".

2. The learned Government Pleader submits that, as is

evident from the counter affidavit of the 1 st respondent, Ext.P3

application had been rejected by the Revenue Divisional Officer as

per Ext.R1(b) dated 02-04-2013.

Considering the above, the reliefs sought for in the writ petition

cannot be granted. The writ petition will therefore stand dismissed.

All contentions taken by the petitioner are left open. Any statutory

right of the petitioner will not be affected by the dismissal of this writ

petition.

Sd/-

GOPINATH P. JUDGE ats

APPENDIX OF WP(C) 31763/2013

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THEW SALE DEED NO 509/1995 OF SUB REGISTRAR OFFICE,PARAPPANGADI

EXHIBIT P2 TRUE PHOTOGRAPHS SHOWING THE NATURE OF PETITIONER'S PROPERTY

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 23/4/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO 243/12 DATED 22/11/2012 OF THE VILLAGE OFFICER,NEDUVA

EXHIBIT P5 TRUE COPY OF THE REPORT OF THE ADDITIONAL TAHSILDAR,TIRURANGADI

RESPONDENT'S EXHIBITS

EXHIBIT R1(a) TRUE COPY OF THE LETTER DATED 21.01.2013 AND THE DECISION OF THE MEETING OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 19.01.2013.

EXHIBIT R1(b) TRUE COPY OF THE DECISION DATED 02.04.2013.

ANNEXURE I               TRUE COPY OF THE MINUTES OF THE LOCAL
                         LEVEL        MONITORING     COMMITTEE,
                         PARAPPANANGADI.