Kerala High Court
Minu Jobby vs The Tahasilar (Land Records) on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.16966/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 16966 OF 2024
PETITIONER:
MINU JOBBY, AGED 42 YEARS, W/O. JOBY PAULOSE, MANGALATH HOUSE,
KALAVATH ROAD,PALARIVATTOM, ERNAKULAM - 682 025. NOW RESIDING AT
KUTTICHIRAKUDIYIL HOUSE, OONNUKAL P.O., KOTHAMANGALAM 686691. REP BY
HER POWER OF ATTORNEY LISSY KURIAKOSE, AGED 72 YEARS, W/O.
KURIAKOSE, RESIDING AT KUTTICHIRAKUDIYIL HOUSE, OONNUKAL P.O.,
KOTHAMANGALAM, PIN-686693
RESPONDENTS:
1. THE TAHASILAR (LAND RECORDS), TALUK OFFICE, KOTHAMANGALAM,
PIN-686691.
2. THE VILLAGE OFFICE , KOTHAMANGALAM, PIN-686692.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to reassess and reclassify the
Petitioner's 27.81 Ares (68.69 cents) of land in Survey No. 1020/6-3 and
1020/6-3-3 of Kothamangalam Village as 'Dry Land/ Purayidam' based on
Exhibit P3 KLU Order, pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. RINNY STEPHEN CHAMAPARAMPIL, ASHA ELIZABETH MATHEW & NEENA ELISABATH
ANTONY, Advocates for the petitioner, the court passed the following:
WP(C) No.16966/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
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W.P (C) No. 16966 of 2024
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Dated this the 10th day of May, 2024
ORDER
Admit.
Learned Government Pleader takes notice for the
respondents.
There will be an interim direction to the
1st respondent to take up Ext.P9 Form- A application
submitted by the petitioner and pass appropriate orders
thereon, taking note of Ext.P3 KLU Order and the
dictum laid down in Shameem. P.K and others v.
RDO Idukki and others [2021 (2) KHC 373] , and in
accordance with law, within a period of two months
from the date of receipt of copy of this order.
Sd/-
MURALI PURUSHOTHAMAN,
JUDGE
S.M.K.
WP(C) No.16966/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 16966/2024
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 30/05/2023
ISSUED BY THE VILLAGE OFFICER; KOTHAMANGALAM
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA
BANK OF KOTHAMANGALAM MUNICIPALITY
Exhibit P3 A TRUE COPY OF THE KLU ORDER NO.A9.4693/01 DATED
15/10/2001 ISSUED BY THE RDO, MUVATTUPUZHA
Exhibit P4 A TRUE COPY OF DOCUMENT NO. 6550/2005 DATED 24/10/2005
OF SRO, KOTHAMANGALAM
Exhibit P5 A TRUE COPY OF THE DOCUMENT NO.6551/2005 DATED
24/10/2005 OF SRO, KOTHAMANGALAM
Exhibit P6 A TRUE COPY OF PARTITION DEED NO. 559/2011/I OF SRO,
KOTHAMANGALAM
Exhibit P7 A TRUE COPY OF PARTITION DEED NO. 589/11/I OF SRO,
KOTHAMANGALAM
Exhibit P8 A TRUE COPY OF PARTITION DEED NO. 14/2019 DATED
04/01/2019 OF SRO, KOTHAMANGALAM
Exhibit P9 A TRUE COPY OF THE APPLICATION DATED 25/05/2023 IN FORM
A SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 07/03/2023 OF THIS
HON'BLE COURT IN W.P.(C)NO.42511/2022
Exhibit P11 A TRUE COPY OF THE ORDER DATED 28/04/2023 ISSUED BY THE
1ST RESPONDENT
Exhibit P12 A TRUE COPY OF THE LAND TAX RECEIPT DATED 04/05/2023
ISSUED FROM THE VILLAGE OFFICE, KOTHAMANGALAM
Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 07/03/2024 OF THIS
HON'BLE COURT IN W.P.(C) NO.22276/2023
