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2024 Supreme(Online)(KER) 45921
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 2ND DAY OF SEPTEMBER 2024 / 11TH BHADRA, 1946 WP(C) NO. 27700 OF 2024 PETITIONER:
M.P DIVAKARAN, AGED 75 YEARS, S/O M.K PENJAN, MOOTHEDATH HOUSE, KANDANASSERY P.O, KANDANASSERY THRISSUR, PIN - 680102 BY ADVS.
RAFEEK. V.K.
U.M.HASSAN NISHNA P.T.
K.S.SUNEER RESPONDENTS:
1 THE TAHSILDAR, TALUK OFFICE PALAKKAD KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678001
2 ADDITIONAL TAHSILDAR (LAND RECORDS), TALUK OFFICE PALAKKAD KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678001
3 VILLAGE OFFICER, PUDUSSERY EAST VILLAGE OFFICE, PUDUSSERY EAST, PALAKKAD, PIN - 678557 SRI.RAJEEV JYOTHISH GEORGE-GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
The petitioner is the owner in possession of 4 Hectares 86 Ares
92 Square Meter and 1 Hectare 84 Ares 85 Square Meter of land comprised in different Survey Numbers with Thandaper No.4216, 4463 of block numbers 33 and 32 of Pudussery East Village of Palakkad Taluk of Palakkad District. In Ext.P2 B.T.R., the nature of the property has been described as 'dry land' (purayidam). After the survey, when the revenue officials prepared B.T.R., the nature of the property has been described as 'nilam'. According to the petitioner, it is only a mistake committed by the revenue officials. Hence, he preferred Ext.P8 representation before the respondent No.2 to correct the mistake in the B.T.R. The learned counsel for the petitioner submits that a direction may be given to the respondent No.2 to dispose of Ext.P8 within a time frame.
Having heard Sri.Rafeek V.K., the learned counsel appearing for the petitioner and Sri.Rajeev Jyothish George, the learned Government Pleader, this writ petition is disposed with a direction to the respondent No.2 to dispose of Ext.P8, in accordance with law, after hearing the petitioner, within a period of six months from the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE APA APPENDIX OF WP(C) 27700/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 27.09.2023 EXHIBIT P2 TRUE COPY OF THE BTR EXTRACT OF THE PROPERTY PREPARED BY THE TAHSILDAR LAND RECORDS PALAKKAD EXHIBIT P3 TRUE COPY THANDAPPER ACCOUNT OF THE PROPERTY COMPRISED IN RESURVEY NO. 174/2 IS DATED
27.02.2023 EXHIBIT P4 TRUE COPY THANDAPPER ACCOUNT OF THE PROPERTY COMPRISED IN RESURVEY NO. 175/3 IS 27.02.2023 EXHIBIT P5 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PROPERTY COMPRISED IN RESURVEY NO. 646/1 IS DATED
27.02.2023 EXHIBIT P6 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PROPERTY COMPRISED IN RESURVEY NO. 641/2 IS DATED
27.02.2023 EXHIBIT P7 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PROPERTY COMPRISED IN RESURVEY NO. 647/1 IS DATED
27.02.2023 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 30.10.2023 ALONG WITH RECEIPT EXHIBIT P9 TRUE COPY OF THE ORDER DATED 12.04.2022 OF THE 2ND RESPONDENT
