Administrative and revenue records must adhere to correction orders without imposing additional charges, reflecting the rightful status of land ownership.

JUDGMENT

This writ petition is filed seeking the following prayers:

“(i) Issue a writ in the nature of mandamus commanding respondents two and three to implement exhibit P3 order and modify the entry regarding the petitioner's plot (0.1450 hectors area and comprised in Survey No.128A/6/8, Resurvey No.252/6-2, Resurvey block No.45, in Polpully Panchayath) in the basic tax register as garden land fit for construction purpose;

(ii) Declare that inasmuch as the conversion of the petitioner's plot is regularized by exhibit P3 order, he could also seek change of records of BTR in respect of the subject property without making any payments as envisaged under section 27C of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 ;

(iii) Issue a writ in the nature of mandamus commanding respondents two and three to implement exhibit P3 order forthwith without the petitioner being directed to make any payment in terms of section 27A(3) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 ”

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of 14.50 Ares of property in Survey No.128A/6/8, Resurvey No.252/6-2, Resurvey block No.45 in Polpully Village of Palakkad Taluk, Palakkad district. It is submitted that the predecessor in interest of the petitioner had obtained Ext.P3 order correcting the mistake in the Revenue records and changing the classification of the property as Purayidom from the previous entry of Purayidom (eari). It is submitted that the property stood deleted from the data bank also by Ext.P6 proceedings. However, it is submitted that in spite of Exts.P3 and P6 orders, the respondents have issued Possession Certificate in respect of the property showing the property as Purayidom/Kulam. It is submitted that Ext.P1 is issued without considering either Ext.P3 or Ext.P6 and that the same is liable to be corrected in accordance with Exts.P3 and P6 orders.

4. The learned Government Pleader submits, on instructions, that due to the change in the ownership of the property after Ext.P3, Exts.P3 and P6 were omitted to be noticed while issuing Ext.P1 Possession Certificate. 5. Having considered the contentions advanced and in view of Exts.P3 and P6 orders, I am of the opinion that the recording of the property as Purayidom/Kulam in the Possession Certificate issued to the petitioner is not legally proper or valid.

6. In the above view of the matter, there will be a direction to respondents 2 and 3 to implement Ext.P3 order and to effect the modifications in the Revenue records, accordingly, showing the extent of 14.50 Ares of property, comprised in Survey No.128A/6/8, Resurvey No.252/6-2, Resurvey block No.45 in Polpully Panchayat of Polpully Village of Palakkad Taluk, in the Basic Tax Register as garden land/Purayidom. Appropriate steps shall be taken and a fresh Possession Certificate shall be issued within a period of three weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 16864/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04/07/2018.

Exhibit P2 A TRUE COPY OF THE REGISTERED SALE DEED NUMBER 3549 OF 2008 OF THE SRO, CHITTUR DATED

17/10/2008.

Exhibit P3 A TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD DATED

18/11/2008.

Exhibit P4 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27/11/2008 ISSUED BY THE VILLAGE OFFICER POLPULLY.

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 11/07/2018 IN WP(C) NO.23098/2018 OF THIS HONOURABLE COURT.

Exhibit P6 A TRUE COPY OF THE ORDER DATED 25/09/2020 ISSUED BY THE FIRST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL