Kerala High Court
Dr. A.V. Sajeev vs The Revenue Divisional Officer/ Sub ... on 2 November, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
WP(C) No.20265/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS.JUSTICE ANU SIVARAMAN
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
WP(C) NO. 20265 OF 2021(G)
PETITIONER:
DR. A.V. SAJEEV, AGED 51 YEARS, S/O. A.K.VALSALAN, ASAKANTHARA
HOUSE, PAZHAVOOR P.O, THAYOOR VILLAGE, THRISSUR-PIN-680 584,
REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER A.K.
VALSALAN, AGED 83 YEARS, S/O. LATE KESAVAN, ASAKANTHARA HOUSE,
PAZHAVOOR P.O., THAYOOR VILLAGE, THRISSUR,PIN-680 584
RESPONDENTS:
1. THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, REVENUE DIVISIONAL
OFFICE, FIRST FLOOR, KB JACOB ROAD, FORT KOCHI, KERALA-682 001
2. THE VILLAGE OFFICER, POONITHURA VILLAGE OFFICE, POONITHURA P.O.,
ERNAKULAM DISTRICT,PIN-682 038
3. THE TAHSILDAR, KANAYANNUR TALUK, PARK AVENUE, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI,KERALA-682 011
4. SENIOR SUPERINTENDENT, OFFICE OF THE REVENUE DIVISIONAL OFFICER/SUB
COLLECTOR, REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB RD, FORT
KOCHI, KOCHI, KERALA-682 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to allow change of nature of the
lands having an extent of 10.47 Ares (25.871 cents) situated in Survey
No.226/1 of Poonithura Village of Kanayannur Taluk which needs
consequential correction in the BTR as shown in Exhibit P15, by
provisionally accepting an amount of Rs.62,712/- based on Exhibit P8,
pending disposal of the above Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.BABU KARUKAPADATH, M.A.VAHEEDA BABU, P.U.VINODKUMAR, ARYA RAGHUNATH,
VAISAKHI V., T.M.MUHAMMED MUSTHAQ, MOHAMED HISHAM P., Advocates for the
petitioner and of GOVERNMENT PLEADER for respondents, the court passed the
following:
WP(C) No.20265/2021 2/3
ANU SIVARAMAN, J.
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W.P.(C) No.20265 of 2021
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Dated this the 2nd day of November, 2021
ORDER
Admit. Learned Government Pleader takes notice for the respondents.
2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader on the present interim relief.
3. Having considered the provisions of Rule 27A of Kerala Conservation of Paddy Land and Wet land Act, 2008 and Exhibit P8, there will be an interim direction to the respondents to provisionally accept the proportionate amount of the fair value for .871 cents of land by which the property exceeds 25 cents and to take further action in accordance with law on the application submitted by the petitioner. This order will be provisional and subject to further orders in the writ petition.
Post on 24.11.2021.
Sd/-
ANU SIVARAMAN JUDGE SSK/2/11 02-11-2021 /True Copy/ Assistant Registrar WP(C) No.20265/2021 3/3 APPENDIX OF WP(C) 20265/2021 Exhibit P15 A TRUE COPY OF THE PRE DATED NOTICE DATED 21.07.2020 ISSUED BY THE 4TH RESPONDENT ON BEHALF OF THE 1ST RESPONDENT, DIRECTING THE PETITIONER TO REMIT AN AMOUNT OF RS 45,23,040/- FOR ALLOWING CHANGE OF NATURE OF THE LAND, WHICH WAS RECEIVED BY THE PETITIONER ON 15.09.2021 Exhibit P8 A TRUE COPY OF THE GOVERNMENT ORDER DATED 25.02.2021