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2012 Supreme(Ker) 679

T.R.RAMACHANDRAN NAIR
Pareed Salim – Appellant
Versus
State of Kerala, Rep. by Land Revenue Commissioner – Respondent


Advocates appeared:
For the Petitioner:Sheji P. Abraham, O.K. Muraleedharan, Advocates.
For the Respondents: Mrs. Sanjeetha, Government Pleader.

JUDGMENT :-

T.R. Ramachandran Nair, J.

1. The issue that arises for consideration is whether, for effecting mutation the description of the property has to be changed by executing a rectification deed. The petitioner purchased by Exts.P1 and P1(a), 18 cents and 1 acre 73 cents of properties in Sy. Nos.195/16/2, 195/11, 195/5 and 195/6 with two old buildings numbered as X/209 and X/210 in Thodupuzha Village. Stamp duty was remitted as per the fair value fixed by the Government, wherein the property is classified as a commercially important one. In the registered deed, the description of the property is given as 'purayidam' instead of 'nilam' as stated in the old Basic Tax Register. It is averred that when the application for effecting mutation was submitted, the Revenue Divisional Officer conducted an enquiry and found that the properties are commercial and not agricultural and submitted a report accordingly and thereafter the District Collector conducted a further enquiry through the Deputy Tahsildar who also submitted a report describing that the properties of the petitioner are not agricultural properties and have been lying as a barren land. Ext.P2 is the copy of the report. The



























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