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High Court of KeralaWP(C)/28901/2015disposed of

Bijoy v. Revenue Divisional Officer

2015-09-25Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 28901 of 2015 (K) ---------------------------- PETITIONER :

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1. BIJOY S/O. JOSEPH XAVIER PATHAYIL HOUSE, ANGADIPURAM PUTHANANGADI P.O., PIN - 679 321 REPRESENTED BY MARY W/O. JOSE, AGED 58 YEARS PALATHINKAL HOUSE KUTHUKUZHI P.O., KOTHAMANGALAM.

2.

SHILBY W/O. BIJOY, PATHAYIL HOUSE, ANGADIPURAM PUTHANANGADI P.O., PIN - 679 321 REPRESENTED BY MARY JOSE W/O. JOSE, AGED 58 YEARS PALATHINKAL HOUSE KUTHUKUZHI P.O., KOTHAMANGALAM.

BY ADV. SRI.C.DILIP RESPONDENTS :

---------------------------- 1.

REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, PIN - 686 661.

2.

TAHSILDAR KOTHAMANGALAM TALUK KOTHAMANGALAM, PIN - 686 691.

3.

THE VILLAGE OFFICER KOTHAMANGALAM VILLAGE KOTHAMANGALAM, PIN - 686 691.

4.

THE SUB REGISTRAR KOTHAMANGALAM, PIN - 686 691.

5.

THE SECRETARY KOTHAMANGALAM MUNICIPALITY KOTHAMANGALAM, PIN - 686 691.

R1 TO R4 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN R5 BY SRI.C.A.MAJEED, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 28901 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF THE POWER OF ATTORNEY DATED 10.9.2015 EXECUTED BY THE PETITIONERS.

EXT.P2 COPY OF SALE DEED NO. 3692 OF 2011 OF SRO, KOTHAMANGALAM DATED 21.6.2011.

EXT.P3 PHOTOCOPY OF NOTICE DATED 23.7.2013 ISSUED BY THE FIRST RESPONDENT AGAINST THE PETITIONERS.

EXT.P4 PHOTOCOPY OF ORDER DATED NIL ISSUED BY THE FIRST RESPONDENT TO RESPONDENTS 2 TO 5.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28901 of 2015 ---------------------------------------- Dated this the 25th day of September, 2015

J U D G M E N T

Petitioner, aggrieved by the order passed by the Revenue Divisional Officer produced as Ext.P4, has approached this Court.

2. By Ext.P4, the Revenue Divisional Officer interdicted transfer of registry, payment of basic tax and other related rights of the petitioner in respect of property situated in Re.Sy.No.1127/8A and 1104/5 of Kothamangalam Village. This is apparently done for reclaiming the land in violation of Act 28 of 2008.

2. This Court is of the view that Ext.P4 is not sustainable as much as the right of the person in respect of the land cannot be curtailed, except in accordance with the procedure under law. Act 28 of 2008 is a self contained Act. The authorities are free to take action against the petitioner for reclamation of land. However, payment of basic tax, transfer of registry etc. have nothing to do with those

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provisions contained in the Act. Therefore, Ext.P4 is set aside. This will not preclude the authorities from taking action against the property to restore land in terms of the Act or taking such other action as warranted under the provisions of the Act. Petitioner shall not undertake any construction in the land without obtaining any formal orders from any competent authorities, if it is included in the draft data bank prepared under the Act.

This writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, Judge MBS/

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