Kerala High Court
Unknown vs By Adv. Sri.C.P.Mohammed Nias on 4 January, 2016
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 8TH DAY OF APRIL 2016/19TH CHAITHRA, 1938
WP(C).No. 14646 of 2016 (E)
PETITIONER
SAIDALAVI KOYA THANGAL,
S/O. KUNHI KOYA THANGAL, PEEDIYEKKAL VEEDU,
PUTHOOR.P.O., KOTTAKKAL,MALAPPURAM DISTRICT.
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENT
DISTRICT COLLECTOR,
CIVIL STATION, MALAPPURAM-676001.
BY SPCIAL GOVERNMENT PLEADER SRI. P.K. SOYUZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.T.O.
WP(C).No. 14646 of 2016 (E)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. TRUE COPY OF RELEASE DEED NO. 899/2014 EXECUTED IN FAVOUR OF
THE PETITIONER.
EXT.P2. TRUE COPY OF RELEASE DEED NO. 900/2014 EXECUTED IN FAVOUR OF
THE PETITIONER.
EXT.P3. TRUE COPY OF DOCUMENT NO. 884/1992 EXECUTED IN FAVOUR OF THE
PETITIONER.
EXT.P4. TRUE COPY OF THE BASIC TAX RECEIPT DATED 4-1-2016 ISSUED BY
THE VILLAGE OFFICER, OTHUKKUNGTAL VILLAGE IN FAVOUR OF THE
PETITIONER.
EXT.P5. TRUE COPY OF THE BASIC TAX RECEIPT DATED 27-11-2015 ISSUED BY
THE VILLAGE OFFICER, OTHUKKUNGAL VILLAGE IN FAVOUR OF THE
PETITIONER.
EXT.P6.TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23-10-2014
ISSUED IN THE PETITIONERS FAVOUR BY THE VILLAGE OFFICER,
OTHUKKUNGAL VILLAGE.
EXT.P7. PHOTOGRAPHS OF THE PROPERTY OWNED BY THE PETITIONER.
EXT.P8. TRUE COPY OF THE DRAFT DATA BANK PREPARED.
EXT.P9. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER
TO THE RESPONDENT DATED 06-01-2016 WITH RECEIPT FOR FEES.
RESPONDENT'S EXHIBITS:- NIL
"TRUE COPY"
P.S. TO JUDGE
MLS
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.14646 of 2016
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Dated this the 8th day of April, 2016
J U D G M E N T
The petitioner approached the District Collector under Section 3A to regularize the land. If the data bank has been finalized, the same shall be considered within two months from the date of receipt of the copy of this judgment. If the data bank has not been finalized, the application shall be considered within two months after finalization.
In the light of the above, the following directions are issued:
i. If it is not included in the Draft Data Bank and the land was a converted paddy land, before enactment of the Act 28 of 2008, necessary permission shall be granted on remitting 25% of the notified fair value per Are.
ii. Once regularisation order is issued, necessarily, the petitioner is entitled to use the land as purayidam and dry land in accordance with law.
W.P.(C).No.14646 of 2016 - : 2 :-
iii. The petitioner is also free to approach the Tahsildar for reassessment of land after regularisation order is issued in terms of Section 6A of Kerala Land Tax Act, 1961.
iv. If such applications are filed, the Tahsildar shall consider the application in the light of the directions of this Court in the judgment in Kizhakkambalam Grama Panchayat v. Mariumma [2015 (2) KLT 516].
The writ petition is disposed of as above. No costs.
sd/-
sab A.MUHAMED MUSTAQUE, JUDGE