Kerala High Court
Jayakrishnan D vs The District Collector on 26 June, 2025
2025:KER:46287
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(C) NO. 20758 OF 2025
PETITIONER:
1 JAYAKRISHNAN D.
AGED 58 YEARS
S/O A. DEVARAJAN VIPANCHIKA , MANKAVU,
PALAKKAD P.O, PALAKKAD DISTRICT, PIN - 678001
BY ADVS.
SRI.P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
PALAKKAD CIVIL STATION , PALAKKAD P.O,
PALAKKAD DISTRICT, PIN - 678001
2 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
PALAKKAD, RDO OFFICE, PALAKKAD P.O
PALAKKAD DISTRICT, PIN - 678001
3 THE TAHSILDAR (LR)
PALAKKAD TALUK , TALUK OFFICE PALAKKAD P.O,
PALAKKAD DISTRICT, PIN - 678001
4 THE VILLAGE OFFICER
PALAKKAD III VILLAGE, VILLAGE OFFICE,
PALAKKAD P.O, PALAKKAD DISTRICT., PIN - 678001
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C.) No.20758 of 2025
-2-
C. JAYACHANDRAN, J.
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W.P.(C.) No.20758 of 2025
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Dated, this the 26th day of June, 2025
JUDGMENT
The petitioner is in joint ownership and possession of 55.65
ares of land in resurvey nos.47 and 49 in resurvey block
no.69 of Palakkad III Village. The said property has been
lying as Purayidam from time immemorial, according to the
petitioner. Out of 55.65 ares, only an extent of 1.68 ares
of land is shown as Purayidam and the remaining 53.97 ares
is shown and classified as 'Nikuthi Kettathathu' in the
revenue records. In Ext.P3 resurvey BTR, the said property
is seen classified as 'Ozhinja Parambu'. The said entry in
the BTR is liable to be corrected by the
3rd respondent/Tahsildar. Ext.P13 is an application preferred
by the petitioner seeking such correction. Without
addressing Ext.P13, two earlier applications preferred by
the petitioner, Exts.P8 and P9, are disposed by respondents
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2 and 3 vide Exts.P11 and P12 respectively, refusing to
remove classification as shown in the revenue records.
2. Heard the learned Counsel for the petitioner and the
learned Government Pleader.
3. Learned Government Pleader would submit that the
property was not subjected to any classification earlier,
presumably for the reason that the same would have remained
as a pond or the like. The property is now lying as a
'Purayidam', only due to subsequent reclamation. Only in
cases where the land in question, on account of its nature,
was not subjected to any classification earlier, the same
will be shown as 'Nikuthi Kettathathu' in the revenue
records.
4. Learned Counsel for the petitioner would rely upon two
judgments of this Court in Indira P.S. and others v. Sub
Collector, Fort Kochi and another [2020 (4) KHC 33] and the
one in W.P.(C.) no.36960/2024 dated 12.12.2024 to submit
that the issue in this regard is covered by the said
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judgments, wherein directions have been issued by this Court
to delete the classification as 'Nikuthi Kettathathu' and to
change it as 'Purayidam'. The fact that the issue has
received consideration by this Court by virtue of the above
judgments is not disputed by the learned Government Pleader.
5. In the above referred circumstances, there will be a
direction to the 3rd respondent/Tahsildar to delete the entry
with respect to petitioner's property as 'Nikuthi
Kettathathu' and to make an entry indicating the present
status of the property as 'Purayidam'. If, in case, the
respondents maintain a stand that the property has been
reclaimed, otherwise than in accordance with law, it will be
open for them to initiate appropriate proceedings as per
law, after issuing notice to the petitioner in this regard.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/26-06
2025:KER:46287
APPENDIX OF WP(C) 20758/2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
27.05.2024
EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE OF
IN BLOCK NO. 69 OF PALAKKAD III VILLAGE
DATED 05.12.2024
EXHIBIT P3 A TRUE COPY OF RELEVANT PAGE OF THE A
REGISTER (RESURVEY BTR) OF PALAKKAD III
EXHIBIT P4 A TRUE COPY OF THE OF FORM A APPLICATION
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE
KERALA LAND REVENUE MANUAL 2019 VOLUME . VI,
VILLAGE OFFICE MANUAL
EXHIBIT P6 A TRUE COPY OF THE GO WIS) NO. 200 /2010
REVENUE DATED 31.05.201
EXHIBIT P7 A TRUE COPY OF THE GO (MS) NO. 303/2017
REVENUE, DATED 26.08.2017
EXHIBIT P8 A TRUE COPY OF THE APPLICATION DATED
10.03.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 211D RESPONDENT
EXHIBIT P9 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 3'D RESPONDENT
DATED 29.08.2022
EXHIBIT P10 A TRUE COPY OF THE REPORT DATED 25.11.2022
OF THE TOWN SURVEYOR, PALAKKAD TALUK
EXHIBIT P11 A TRUE COPY OF THE REPLY LETTER DATED
08.02.2024 ISSUED BY THE 2"D RESPONDENT
EXHIBIT P12 A TRUE COPY OF THE REPLY DATED 01.02.2023
EXHIBIT P13 A TRUE COPY OF THE APPLICATION DATED
09.05.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
EXHIBIT P14 A TRUE COPY OF THE RECEIPT DATED 12.05.2025
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EXHIBIT P15 A TRUE PHOTOGRAPH OF THE LAND OF THE
PETITIONER
EXHIBIT P16 A TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
13826 OF 2024 DATED THE 23.07.2024 OF THIS
HONOURABLE HIGH COURT OF KERALA
EXHIBIT P17 A TRUE COPY OF THE ORDER NO.
TLKPKD/4813/2022 - F1 DATED 07.11.2024
ISSUED BY THE 3 RD RESPONDENT
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
