Kerala High Court
Chathankotty vs District Collector, Kozhikode on 16 June, 2025
2025:KER:42360
W.P.(C). No.9118 of 2022 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
WP(C) NO. 9118 OF 2022
PETITIONERS:
1 CHATHANKOTTY
AGED 75 YEARS
W/O. KANDAN VAPPATT HOUSE, THIRUVAMBADY,
THIRUVAMBADY P.O. KOZHIKODE DISTRICT - 673 603
2 CHAKKY
AGED 72 YEARS
W/O. KEERAN KOOMULLAMKANDIYIL, THECHIAD, KALLURRTTY
OMASSERY, NEELESWARAM THIRUVAMBADY P.O KOZHIKODE
DISTRICT, PIN - 673603
BY ADV SRI.SHEJI P.ABRAHAM
RESPONDENT/S:
1 DISTRICT COLLECTOR, KOZHIKODE
KOZHIKODE COLLECTORATE CIVIL STATION P.O.,
KOZHIKODE, PIN - 673020
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE CIVIL STATION JUMA
MASJID, SH29, ERANHIPPALAM KOZHIKODE, PIN - 673020
3 TAHASILDAR LAND RECORDS
TALUK OFFICE, THAMARASSERY KOZHIKODE, PIN - 673573
4 VILLAGE OFFICER
THIRUVAMBADY VILLAGE, KODUVALLY BLOCK KOZHIKODE,
PIN - 673004
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W.P.(C). No.9118 of 2022 :2:
ADDL.5 KAPPALATTU ABDURAHIMAN
S/O ABOOBACKER, , PRESIDENT, THIRUVAMBADI NOORUL
ISLAM MADRASSA COMMITTEE-REGN.NO.380/1989, POST
THIRUVAMBADI, KOZHIKODE DISTRICT
( Addl.5TH RESPONDENT IS IMPLEADED AS PER ORDER IN
I.A.NO.1 OF 2023 DATED 16.06.2025)
BY ADV SRI.R.RAMADAS
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.9118 of 2022 :3:
VIJU ABRAHAM, J.
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W.P.(C) No.9118 of 2022
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Dated this the 16th day of June, 2025
JUDGMENT
The petitioners have approached this Court seeking a
direction to issue copy of the patta to them in respect of the
petitioners' land.
2. The petitioners would submit that they are the legal heirs
of one Cheriyathan, who obtained patta for 30 cents of land in
Sy.No.37/2 in Thiruvambady Village. As the patta issued to the
petitioners' father is totally damaged, they have sought for
issuance of a copy of the patta. Based on a complaint preferred by
the petitioners, the Taluk Surveyor has measured the property and
filed Ext.P4 report. Thereafter the petitioners approached the 1 st
respondent - Complaint Redressal Adalath Forum, who has issued
Ext.P5 order, wherein a direction was issued to trace the patta and
to issue a copy, noting the probable pattayam number as 156/3.
3. The Government have issued an order - G.O.(Rt)
No.142/2025/RD dated 26.05.2025 regarding the procedures to be
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taken in respect of the issuance of a copy of the patta, where the
original patta has been lost.
4. Taking into consideration the above facts and
circumstances of the case, I am of the view that since as per
Ext.P5, the District Collector has already issued a direction, the 3 rd
respondent shall take further proceedings in the matter on the
basis of the Government Order dated 26.05.2025 referred to above.
A decision as directed above shall be taken by the 3 rd respondent
within an outer limit of five months from the date of receipt of a
copy of this judgment. While taking a decision as directed above,
the additional 5th respondent, who has been referred to in Ext.P4
report of the Taluk Surveyor, shall also be heard.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) 9118/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE RECEIPT FOR PROPERTY TAX
REMITTED BY THE FATHER OF THE
PETITIONERS' ON 13.10.1978
Exhibit P1(a) COPY OF THE RECEIPT FOR PROPERTY TAX
REMITTED BY THE FATHER OF THE
PETITIONERS' ON 6.4.1985
Exhibit P2 COPY OF THE DEATH CERTIFICATE OF SRI
CHERIYATHAN ISSUED FROM THE OFFICE OF THE
THIRUVAMBADY GRAMA PANCHAYATH ON
16.7.1998
Exhibit P3 COPY OF THE COMMUNICATION NO. G
15966/17/RTI DTD 26.12.2017 ISSUED FROM
THE OFFICE OF THE 2ND RESPONDENT IN
PURSUANCE TO THE PETITIONERS' COMPLAINT
Exhibit P4 COPY OF THE REPORT WITH SKETCH PLAN
PREPARED BY THE TALUK SURVEYOR DTD
1.7.2020 OBTAINED BY THE PETITIONER FORM
THE OFFICE OF THE 3RD RESPONDENT NO. D3
6079/ 2020 DTD 10.11.2020
Exhibit P5 COPY OF THE ORDER OF THE DISTRICT
COLLECTOR OBTAINED BY THE PETITIONERS
UNDER RIGHT TO INFORMATION ACT ON
15.02.2022
Exhibit P5(a) TYPEWRITTEN COPY OF EXHIBIT P5
Exhibit P6 COPY OF THE POSSESSION CERTIFICATE ISSUED
BY THE 4TH RESPONDENT DTD 27.10.2022
Exhibit P7 COPY OF TAX REMITTED BY THE PETITIONER
DTD 24.10.2024
RESPONDENT EXHIBITS
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Exhibit R5(a) TRUE COPY OF LTHE LAND TAX RECEIPT DATED
28.07.2018 IN RESPECT OF THE PERIOD 2018-
Exhibit R5(b) TRUE COPY OF THE LAND TAX RECEIPT DATED
05.11.2019 IN RESPECT OF THE PERIOD 2019-
Exhibit R5(c) TRUE COPY OF THE LAND TAX RECEIPT DATED
01.04.2022 IN RESPECT OF THE PERIOD 2022-
Exhibit R5(d) TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 13.02.2023 ISSUED BY THE VILLAGE
OFFICER, THIRUVAMBADY
Exhibit R5(e) TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
ISSUED BY THE SUB REGISTRAR OFFICE,
CHATHAMANGALAM IN RESPECT OF THE PROPERTY
FOR THE PERIOD FROM 01.01.1963 TO
31.12.1967
Exhibit R5(f) TRUE COPY OF THE REPRESENTATION DATED
28.07.2021 BEFORE THE VILLAGE OFFICER,
THIRUVAMBADY BY THE PETITIONER
Exhibit R5(g) TRUE COPY OF THE REPRESENTATION DATED
13.08.2021 BEFORE THE REVENUE DIVISIONAL
OFFICER, CALICUT
Exhibit R5(h) TRUE COPY OF THE COMMUNICATION DATED
06.10.2021 RECEIVED BY THE PETITIONER
FROM THE COLLECTRATE, KOZHIKODE
