High Court of KeralaSingle Judge2021-08-25Disposed of

Saji Joseph v. Deputy Tahsildar (Head Quarters) Taluk Office, Vaikom; Village Officer, Manjoor; Assistant Director (Survey Department), Chalakkunnu; District Collector, Kottayam

Case / Petition Number:WP(C) Nos.23485/2019 & 2806/2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2021-08-25
Court Decision / Holding: Writ petitions disposed of by directing the additional 6th respondent-RDO to consider Ext. P10 petition under Section 6(4) of the Kerala Land Utilisation Order preferred by the petitioner within two months, after giving an opportunity of hearing to the petitioner, and to take into account the Renji K. Paul judgment (2019 (2) KHC 241) while deciding.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Saji Joseph

Respondents

Deputy Tahsildar (Head Quarters) Taluk Office, Vaikom, Kottayam District
Village Officer, Manjoor Village Office, Kottayam District
Assistant Director (Survey Department), Office of the Survey and Land Records, Chalakkunnu, Kottayam
District Collector, Civil Station, Kottayam
Deputy Collector (LR), Civil Station, Kottayam
Revenue Divisional Officer, Mini Civil Station, Pala, Kottayam District (added as 6th respondent)

Legal Representation & Advocates

Counsels for Petitioners

• G. Hariharan
• Sri Praveen H.
• Smitha Praveen
• V. R. Sanjeev Kumar

Counsels for Respondents

• Renjith S.

Case Synopsis & Summary

This is a consolidated writ petition (WP(C) Nos. 23485/2019 and 2806/2020) filed by Saji Joseph challenging a possession certificate that classified land in Manjoor Village as Nilam and seeking correction of land records including the entry in Re-survey No. 709/2, which extends to 21.24 Ares and is claimed as purayidam. The petitioner also sought quashing Ext. P12 possession certificate and prayed for a correction in the land records. The petitions were heard together, and counsel for both sides informed the court that Ext. P10, a petition under Section 6(4) of the Kerala Land Utilisation Order (KLUO), had already been filed and, per a prior order (26.04.2016), was to be decided within one month, but no final orders had been passed. The Government Pleader urged disposal of Ext. P10 and a final decision to redress the grievance, while preserving the petitioners’ rights. In disposing of the matters, the court directed the additional 6th respondent, the Revenue Divisional Officer (LR), to consider Ext. P10 under Section 6(4) of KLUO within two months after providing an opportunity for hearing. The court also instructed that its decision should reflect consideration of the Renji K. Paul decision (2019) 2 KHC 241 as a guiding authority.

Provisions of Law Cited

Kerala Land Utilisation Order, Section 6(4)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner, Saji Joseph, contends that Ext. P12 possession certificate classifies the subject land as Nilam and seeks its quashment. He further seeks correction of the Re-survey No. 709/2 entry to reflect the land as purayidam (21.24 Ares). The petition relies on prior orders directing consideration of Ext. P10 (Section 6(4) of the Kerala Land Utilisation Order) and seeks timely disposal so that the land rights are correctly recorded.

Contentions of Respondents

The respondents submit that Ext. P10 under Section 6(4) of the Kerala Land Utilisation Order should be disposed of after hearing the petitioner. They contend a final decision is required within a reasonable period and that the court’s directions should ensure redress once Ext. P10 is decided. They rely on the government pleader's submission for timely disposal and reference to prior judgments for guidance.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Renji K. Paul and others v. Revenue Divisional Officer and others	2019 (2) KHC 241	Positive	The court specifically directs that the Renji K. Paul decision be taken into account in the decision on Ext. P10, using it as a guiding authority for interpreting rights and remedies under the Kerala Land Utilisation Order.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 25[TH] DAY OF AUGUST 2021 / 3RD BHADRA, 1943** **WP(C) NO. 23485 OF 2019** ## **PETITIONER:** **SAJI JOSEPH, AGED 53 YEARS, S/O. JOSEPH, CHEMMANPALLIL, KURUPPANTHARA, MANJOOR P. O., KOTTAYAM DISTRICT – 686603.** **BY ADVS. G.HARIHARAN SRI.PRAVEEN.H. SMITHA PRAVEEN V.R.SANJEEV KUMAR** ## **RESPONDENTS:** - **1 DEPUTY TAHSILDAR,(HEAD QUARTERS) TALUK OFFICE, VAIKOM, KOTTAYAM DISTRICT - 686141.** - **2 VILLAGE OFFICER, VILLAGE OFFICE, MANJOOR P. O., KOTTAYAM DISTRICT - 686603.** - **3 ASSISTANT DIRECTOR (SURVEY DEPARTMENT), OFFICE OF THE SURVEY AND LAND RECORDS OFFICE, CHALAKKUNNU, KOTTAYAM - 686141.** - **4 DISTRICT COLLECTOR CIVIL STATION, KOTTAYAM – 686001.** ## **BY ADV GOVERNMENT PLEADER SRI.RENJITH S** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2021, ALONG WITH WP(C).2806/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.23485/2019 & 2806/2020 : 2 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 25[TH] DAY OF AUGUST 2021 / 3RD BHADRA, 1943 WP(C) NO. 2806 OF 2020** ## **PETITIONER:** **SAJI JOSEPH, AGED 53 YEARS, S/O.JOSEPH, CHEMMANPALLIL, KURUPPANTHARA, MANJOOR P.O., KOTTAYAM DISTRICT-686 603. BY ADVS. G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.V.R.SANJEEV KUMAR** ## **RESPONDENTS:** - **1 DEPUTY TAHSILDAR (HEAD QUARTERS) TALUK OFFICE, VAIKOM, KOTTAYAM DISTRICT-686 141.** - **2 VILLAGE OFFICER, VILLAGE OFFICE, MANJOOR P.O., KOTTAYAM DISTRICT-686 603.** - **3 ASSISTANT DIRECTOR (SURVEY DEPARTMENT), OFFICE OF THE SURVEY AND LAND RECORDS OFFICE, CHALAKKUNNU, KOTTAYAM-686 141.** - **4 DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM-686 001.** - **5 DEPUTY COLLECTOR (LR), CIVIL STATION, KOTTAYAM-686 001.** - **ADDL.6 THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, PALA, KOTTAYAM DISTRICT-686575** **(ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED 25.08.2021 IN I.A. No.1 OF 2021)** **BY ADV. GOVERNMENT PLEADER SRI.RENJITH.S** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2021, ALONG WITH WP(C).23485/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.23485/2019 & 2806/2020 : 3 : ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ ## _**Dated this the 25[th] day of August, 2021**_ [WP(C) Nos.23485/2019 & 2806/2020] W.P.(C) No.23485/2019 has been filed by the petitioner seeking to quash Ext.P12 Possession Certificate issued by the 2[nd] respondent classifying the land mentioned therein as 'Nilam'. The petitioner filed W.P.(C) No.2806/2020 seeking to command respondents 1 and 2 to take necessary steps to correct the entry of the land in Re-survey No.709/2 in Manjoor Village, Vaikom Taluk, Kottayam District extending to 21.24 Ares as purayidam. 2. When this writ petition came up for hearing today, counsel on either side submitted that the petitioner has already preferred Ext.P10 petition under Section 6(4) of the Kerala Land Utilisation Order as directed by this Court and by Ext.P11 judgment dated 26.04.2016, this Court has directed to consider Ext.P10 application within a WP(C) Nos.23485/2019 & 2806/2020 : 4 : period of one month. However, no orders have been passed on Ext.P10. 3. The learned Government Pleader submitted that if Ext.P10 is disposed of and a final decision is taken, the grievance of the petitioner may stand redressed. In such circumstances, without going into the merits of the writ petitions, the writ petitions are disposed of directing the additional 6[th] respondent-RDO to consider Ext.P10 petition under Section 6(4) of the Kerala Land Utilisation Order preferred by the petitioner within a period of two months, after giving an opportunity of hearing to the petitioner. While taking a decision in the matter, the additional 6[th] respondent shall also take into account the judgment of this Court in _**Renji K. Paul and others v. Revenue Divisional Officer and others** [2019 (2) KHC 241]._ Sd/- **N. NAGARESH, JUDGE** aks/31.08.2021 WP(C) Nos.23485/2019 & 2806/2020 : 5 : ## **APPENDIX OF WP(C) 23485/2019** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE POSSESSION CERTIFICATE**| |---|---| ||**NO.169/2010 DATED 27.01.2010 ISSUED BY**| ||**THE VILLAGE OFFICER, MANJOOR.**| |**EXHIBIT P2**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**15.06.2011 MADE BY THE PETITIONER**| ||**BEFORE THE 1ST RESPONDENT.**| |**EXHIBIT P3**|**TRUE COPY OF THE REPORT DATED**| ||**16.06.2011 BY THE 2ND RESPONDENT TO THE**| ||**1ST RESPONDENT.**| |**EXHIBIT P4**|**TRUE COPY OF THE ORDER DATED 12.08.2013**| ||**ISSUED BY THE 4TH RESPONDENT.**| |**EXHIBIT P5**|**TRUE COPY OF THE JUDGMENT MADE IN W.P.**| ||**(C) NO.26304/2013 DATED 30.07.2014.**| |**EXHIBIT P6**|**TRUE COPY OF THE ORDER DATED 16.12.2014**| ||**PASSED BY THE 4TH RESPONDENT.**| |**EXHIBIT P7**|**TRUE COPY OF THE JUDGMENT MADE IN W.P.**| ||**(C) NO.6003/2015 DATED 07.04.2015.**| |**EXHIBIT P8**|**TRUE COPY OF THE PETITION DATED**| ||**20.05.2015 BEFORE THE 4TH RESPONDENT**| ||**UNDER SECTION 6(4) OF THE LAND**| ||**UTILIZATION ORDER**| |**EXHIBIT P9**|**TRUE COPY OF THE JUDGMENT DATED**| ||**26.04.2016** **MADE** **IN** **W.P.(C)**| ||**NO.15874/2016 BY THIS HON'BLE COURT.**| |**EXHIBIT P10**|**TRUE COPY OF THE BASIC TAX RECEIPT**| ||**DATED 26.11.2018 ISSUED BY THE 2ND**| ||**RESPONDENT IN THE NAME OF THE**| ||**PETITIONER** **VIDE** **RECEIPT**| ||**NO.KL05050605704/2018**| |**EXHIBIT P11**|**TRUE COPY OF THE JUDGMENT DATED**| ||**21.06.2019 IN W.P.(C) NO.7285/2019**| |**EXHIBIT P12**|**TRUE COPY OF THE POSSESSION CERTIFICATE**| ||**DATED 24.07.2019 ISSUED BY THE 2ND**| ||**RESPONDENT IN THE NAME OF THE**| ||**PETITIONER RELATING TO THE LAND**| ||**MENTIONED IN EXHIBIT P10.**| WP(C) Nos.23485/2019 & 2806/2020 : 6 : - **EXHIBIT P13 TRUE COPY OF THE SETTLEMENT DEED NO.1436/2008 OF SRO, KADUTHURUTHY EXECUTED IN THE NAME OF THE PETITIONER.** - **EXHIBIT P14 TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER MAINTAINED IN MANJOOR VILLAGE IN VAIKOM TALUK RELATING TO THE PROPERTY MENTIONED IN SY.NO.709/2, 709/3, 709/4, 709/5.** - **EXHIBIT P15 TRUE COPY OF THE KERALA GAZETTER ISSUED RELATING TO FINAL FAIR VALUE OF THE LAND IN SY. NO.709/2(OLD SURVERY NO.) IN BLOCK NO.33 OF MANJOOR VILLAGE IN VAIKOM TALUK, KOTTAYAM DISTRICT PUBLISHED ON 22.05.2014** - **EXHIBIT P16 TRUE COPY OF THE KERALA GAZETTER ISSUED RELATING TO THE FINAL FAIR VALUE OF THE LAND IN SY.NO.709/2 (OLD SURVERY NO.) IN BLOCK NO.33 OF MANJOOR VILLAGE IN VAIKOM TALUK, KOTTAYAM DISTRICT PUBLISHED ON 19.10.2019** - **EXHIBIT P17 TRUE COPY OF THE REPORT DATED 09.07.2013 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MANJOOR** - **EXHIBIT P18 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN DEEPIKA MALAYALAM DAILY, KOTTAYAM EDITION DATED 10.07.2017** - **EXHIBIT P19** - **TRUE COPY OF THE PAPER REPORT DATED 24.08.2017 BY THE DEEPIKA MALAYALAM DAILY, KOTTAYAM EDITION** - **RESPONDENTS' EXHIBITS:** - **ANNEXURE R1(A) TRUE COPY OF THE SETTLEMENT REGISTER OF MANJOOR VILLAGE** WP(C) Nos.23485/2019 & 2806/2020 : 7 : ## **APPENDIX OF WP(C) 2806/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.169/2010 DATED 27.01.2010 ISSUED BY THE VILLAGE OFFICER, MANJOOR.** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 15.06.2011 MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPORT DATED 16.06.2011 BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY DATED 29.07.2011 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER.** **EXHIBIT P5 TRUE COPY OF THE INFORMATION DATED 20.04.2012 FURNISHED TO THE PETITIONER BY THE 5TH RESPONDENT UNDER RIGHT TO INFORMATION ACT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12.08.2013 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN WPC NO.26304/2013 DATED 30.07.2014. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 16.12.2014 PASSED BY THE 4TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE JUDGMENT MADE IN WPC NO.6003/2015 DATED 07.04.2015. EXHIBIT P10 TRUE COPY OF THE PETITION DATED 20.05.2015 BEFORE THE 4TH RESPONDENT UNDER SECTION 6(4) OF THE LAND UTILIZATION ORDER. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 26.04.2016 MADE IN WPC NO.15874/2016 BY THIS HON'BLE COURT. EXHIBIT P12 TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.11.2018 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER VIDE RECEIPT NO.KL05050605704/2018.** WP(C) Nos.23485/2019 & 2806/2020 : 8 : **EXHIBIT P13 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 22.08.2014 ISSUED BY THE REVENUE DIVISIONAL OFFICER, PALA RELATING TO THE PROPERTIES COMPRISED IN RE-SURVEY NOS.709/1,2,3,4,5 AND 6 OF MANJOOR VILLAGE, KOTTAYAM DISTRICT.** **EXHIBIT P14 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALAM DAILY, DEEPIKA, KOTTAYAM EDITION ON 10.07.2017. EXHIBIT P15 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALAM DAILY, DEEPIKA, KOTTAYAM EDITION ON 24.08.2017. EXHIBIT P16 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.07.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P17 TRUE COPY OF THE NOTICE DATED 13.01.2020 ISSUED BY THE MANJOOR SERVICE CO-OPERATIVE BANK LTD. ADDRESSED TO THE PETITIONER.** ## **RESPONDENTS' EXHIBITS:** **ANNEXURE R1(a) TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER PERTAINING TO MANJOOR VILLAGE** SR