High Court of KeralaSingle JudgeWrit petitions disposed of as above

Santosh B v. State of Kerala; Shiny Bhaskaran v. State of Kerala (WP(C).Nos 17463/2020 and 4888/2020)

Case / Petition Number:WP(C).No.17463 of 2020(G) and WP(C).No.4888 of 2020(I)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.MUHAMED MUSTAQUE
Judgment Date
2020-12-22
Court Decision / Holding
Writ petitions allowed; impugned proceedings set aside; land to be treated as Purayidam for all practical purposes; BTR to be corrected to reflect Purayidam; building permits to be granted in accordance with law; Tahsildar to reflect the land as Purayidam online within four weeks.
Final Disposition
Writ petitions disposed of as above

Parties to the Case

Appellants / Petitioners

  • Santosh B
  • Shiny Bhaskaran

Respondents

  • State of Kerala represented by Secretary to Government, Revenue Department, Govt. Secretariat, Thiruvananthapuram-695001
  • Land Revenue Commissioner, Public Office Buildings, Opp. Museum Vikas Bhavan, Thiruvananthapuram-695033
  • District Collector Pathanamthitta-689645
  • Revenue Divisional Officer, Revenue Divisional Office, Thiruvalla-689101
  • Tahsildar, Taluk Office, Revenue Tower, Thiruvalla-689101
  • Tahsildar (Land Records) Taluk Office, Revenue Tower, Thiruvalla-689101
  • Village Officer, Village Office, Peringara, Thiruvalla-689108
  • Secretary, Peringara Grama Panchayath, Peringara P.O., Thiruvalla-689108

Legal Representation & Advocates

Counsels for Petitioners

  • • Unni. K.K. (EZHUMATTOOR)

Counsels for Respondents

  • • Government Pleader
  • • Sri. Varghese M. EasO, SC, Peringara Grama Panchayat

Case Synopsis & Summary

These writ petitions challenge the reclassification of land in Re-survey No.493/5-1, Peringara Village, Thiruvalla Taluk. The land was recorded as Nilam in the settlement register but, after a 1994 resurvey, was described as Purayidam in the Basic Tax Register (BTR). Petitioners paid land tax and possessed as Purayidam, and in 2019 the resurvey records again depicted the land as Nilam. The government revenue authorities, citing the nature and type of land, rectified or proposed to rectify its classification. The Tahsildar affirmed the Purayidam classification post-1994 re-survey. The court held that the BTR is a vital statutory document and that entries therein cannot be ignored merely due to earlier settlement entries. Citing Indira P.S. and others vs. Sub Collector, Fort Kochi and another (2020 (4) KHC 33), the court underscored that the BTR description cannot be disturbed by reliance on old records. In the circumstances, the court averred that the impugned proceedings must be set aside; the petitioners’ land must be treated as Purayidam for all practical purposes. The BTR must be corrected to reflect Purayidam, and building permits must be granted accordingly, with online updates by the Tahsildar within four weeks. The writ petitions are disposed of as above.

Provisions of Law Cited

Section 18, Kerala Land Act, 1961

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that after the 1994 resurvey the land was described as Purayidam in the BTR and that they have paid land tax and enjoyed the property as Purayidam. They argued that the BTR is the decisive record and cannot be displaced by reference to the settlement register, and that rectification under Section 18 of the Kerala Land Act, 1961 is possible only within four years. They urged restoration of Purayidam status in the BTR and issuance of building permits accordingly.

Contentions of Respondents

The respondents argued that the land was consciously re-classified as Purayidam in 1994 based on the land’s nature, and that such entries cannot be undone by simple reference to the settlement register. They maintained that rectification would be available under Section 18, but contested undoing the present re-classification references and data in the BTR.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Indira.P.S and others v. Sub Collector, Fort Kochi and another2020 (4) KHC 33PositiveCourt relied on the ruling that BTR is a vital statutory document and cannot be ignored; description in BTR cannot be disturbed merely due to old settlement records.

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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 A.MUHAMED MUSTAQUE** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942** ## **WP(C).No.17463 OF 2020(G)** ## **PETITIONER:** **SANTHOSH.B,** **PERUMATHIYIL HOUSE, PERINGARA, CHATHAMKARY, THIRUVALLA, PATHANAMTHITA DISTRICT-689 112** **BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDINGS, OPP.MUSEUM VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033** - **3 DISTRICT COLLECTOR PATHANAMTHITTA-689 645** - **4 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THIRUVALLA-689 101** - **5 TAHSILDAR, TALUK OFFICE, REVENUE TOWER, THIRUVALLA689 101** - **6 TAHSILDAR (LAND RECORDS) TALUK OFFICE, REVENUE TOWER, THIRUVALLA-689 101** - **7 VILLAGE OFFICER,VILLAGE OFFICE, PERINGARA, THIRUVALLA-689 108,** - **8 SECRETARY, PERINGARA GRAMA PANCHAYATH, PERINGARA P.O., THIRUVALLA-689 108** - **BY SRI.VARGHESE M.EASO, SC, PERINGARA GRAMA PANCHAYAT** ## **ADV. SRI.M R DHANIL GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.12.2020, ALONG WITH WP(C).4888/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).17463/2020, WP(C).4888/2020 ] 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942** ## **WP(C).No.4888 OF 2020(I)** ## **PETITIONER:** **SHINY BHASKARAN, W/O. RATHEESHKUMAR, KALARICKAL SREE BHASKARAM, PODIYADI P.O. THIRUVALLA 689 110.** **BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM 695 001.** - **2 LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDINGS, OPP. MUSEUM VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033.** - **3 DISTRICT COLLECTOR, PATHANAMTHITTA 689 645.** - **4 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THIRUVALLA 689 101.** - **5 TAHASILDAR, TALUK OFFICE, REVENUE TOWER, THIRUVALLA 689 101.** - **6 VILLAGE OFFICER, VILLAGE OFFICE, PERINGARA, THIRUVALLA 689 108.** - **7 SECRETARY, PERINGARA GRAMA PANCHAYATH, PERINGARA P.O. THIRUVALLA 689 108.** - **R1-6 BY GOVERNMENT PLEADER R7 BY SRI.VARGHESE M.EASO, SC, PERINGARA GRAMA PANCHAYAT** [ WP(C).17463/2020, WP(C).4888/2020 ] 3 **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.12.2020, ALONG WITH WP(C).17463/2020(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).17463/2020, WP(C).4888/2020 ] 4 ## **JUDGMENT** ## **Dated this the 22nd day of December 2020** Read order dated 21.12.2020. The Tahsildar is present before this Court. He also handed over the relevant copy of the BTR. 2. These writ petitions are pertaining to the land comprised in Re-survey No.493/5-1 of Peringara Village in Thiruvalla Taluk. As per the settlement register, the land was classified as a “Nilam”. After the resurvey in the year 1994, the land has been described in BTR as a “Purayidam”. The petitioners, thereafter, paid land tax and enjoyed the property as “Puryidam”. Thereafter, in the year, 2019, in resurvey record the land has been re-classified again as a “Nilam”. These proceedings are under challenge in these writ petitions. 3. Admittedly, the land is not included in data bank. Today, the Tahsildar also affirmed the classification of the land as “Purayidam” was effected in the year, 1994 after re-survey. The Revenue Authorities are competent to effect changes in the BTR depend upon the nature and type of the land. The land has been [ WP(C).17463/2020, WP(C).4888/2020 ] **==> picture [7 x 8] intentionally omitted <==** consciously re-classified as “Purayidam” on being satisfied with the nature of the land, that cannot be undone by referring to the settlement register. Even under Section 18 of the Kerala Land Act, 1961, any rectification of mistake can be corrected only within four years. Further there is no basis for reclassifying the land as “Nilam” at this stage. The Revenue Authorities have no case that the lie and nature of the property is not that of “Purayidam”. This Court in _**Indira.P.S and others vs. Sub Collector, Fort Cochi and another**_ [2020 (4) KHC 33] held that BTR is a vital statutory document and entries in such vital statutory document cannot be simply ignored. Further held that the description of BTR cannot be disturbed, merely because, it has some old records like settlement register, description of the property shown as otherwise. In such circumstances, I am of the view that the impugned proceedings have to be set aside. The petitioners' land has to be treated as “Purayidam” for all practical purposes. The description of the land as “Purayidam” shall be restored in the BTR. Accordingly, the Local Authority is also directed to grant building permit in accordance with law treating the land as “Purayidam”. The Tahsildar is also directed to effect necessary changes through online to reflect the land is a [ WP(C).17463/2020, WP(C).4888/2020 ] **==> picture [7 x 8] intentionally omitted <==** “Purayidam”. Needfull shall be done within a period of four weeks. The writ petition is disposed of as above. **Sd/-** **A.MUHAMED MUSTAQUE** **JUDGE** SAS/22/12/2020 [ WP(C).17463/2020, WP(C).4888/2020 ] 7 ## **APPENDIX OF WP(C) 17463/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 24.1.2019** **EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1.2.2019** - **EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.1682/2016 OF THIRUVALLA SRO** - **EXHIBIT P4 TRUE COPY OF THE BTR IN THE NAME OF THE ORIGINAL OWNER** - **EXHIBIT P5 TRUE COPY OF THE T.P. REGISTER WITH REGARD TO THE TP NO.14122** - **EXHIBIT P6 TRUE COPY OF THE RE-SURVEY PLAN EXHIBIT P7 TRUE COPY OF THE FAIR VALUE REGISTER DOWNLOADED FROM THE WEBSITE** - **EXHIBIT P8 TRUE COPY OF THE LOCATION SKETCH OBTAINED BY THE PETITIONER** - **EXHIBIT P9 TRUE COPY OF THE LETTER DATED 11.4.2019 OF THE 7TH RESPONDENT** - **EXHIBIT P10 TRUE COPY OF THE ORDER DATED 17.9.2019 OF THE 6TH RESPONDENT** - **EXHIBIT P11 TRUE COPY OF THE DETAILS OF RESURVEY CONDUCTED IN PATHANAMTHITTA DISTRICT, WHICH WAS PUBLISHED IN THE WEBSITE OF DIRECTOR OF SURVEY** **EXHIBIT P12 TRUE COPY OF THE CERTIFICATE DATED 17.8.2020 ISSUED BY THE 8TH RESPONDENT** **RESPONDENTS' EXHIBITS:NIL** [ WP(C).17463/2020, WP(C).4888/2020 ] 8 ## **APPENDIX OF WP(C) 4888/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 24.1.2019.** **EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1.2.2019.** - **EXHIBIT P3 TRUE COPY OF THE SALE DEED NO. 1682/2016 OF THIRUVALLA SRO.** - **EXHIBIT P4 TRUE COPY OF THE BTR IN THE NAME OF THE ORIGINAL OWNER.** - **EXHIBIT P5 TRUE COPY OF THE T.P. REGISTER WITH REGARD TO THE TP NO. 14122.** - **EXHIBIT P6 TRUE COPY OF THE RE-SURVEY PLAN.** - **EXHIBIT P7 TRUE COPY OF THE FAIR VALUE REGISTER DOWNLOADED FROM THE WEBSITE.** - **EXHIBIT P8 TRUE COPY OF THE LOCATION SKETCH OBTAINED BY THE PETITIONER.** - **EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR BUILDING, PERMIT DATED 19.12.2019 SUBMITTED THROUGH ONLINE.** - **EXHIBIT P10 TRUE COPY OF THE APPLICATION FOR DEVELOPMENT.** - **' -** - **RESPONDENTS EXHIBITS: EXHIBIT R7A TRUE COPY OF REPORT NO.57/2019 DT.11/04/2019 BY THE VILLAGE OFFICER, PERINGARA** **EXHIBIT R7B TRUE COPY OF PROCEEDINGS NO.C.DIS./162769/19 DT.17/09/2019 OF THE TAHSILDAR** //TRUE COPY// P.A TO JUDGE