High CourtsSingle Bench(2022) 11 KL CK 0054

Kunhalan Haji vs State Of Kerala

High Court Of Kerala · Decided on 5 November 2022

HON’BLE JUDGES
Mohammed Nias. C.P., J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C).No. 30569 Of 2012

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 260 words

Mohammed Nias. C.P.,J

1.

The writ petition is filed with the following prayers:-

“ i.issue a writ of mandamus or any other writ, order or direction directing the 3rd respondent Tahsildar, Ernad Taluk, Manjeri, Malappuram, to make appropriate inspection and to consider Ext. P2 representation and make appropriate corrections in the Basic Tax Register correcting the category of the petitioners plot as dry land (Purayidom) instead of Nilam in the light of the Judgment in Jalaja Dileep v. Revenue Divisional Officer (2012 (3) KLT 333.

ii.Issue a writ of mandamus or any other writ, order or direction directing the 3rd respondent to issue fresh possession certificate on the basis of the correction made in the Basic Tax Register so as to enable the petitioners to consider their plot as dry land (purayidom)

iii. To declare that an extent of 11.57 Ares (28.60 cents) of land in Sy. No. 290/14 of Kondotty Amsom, Kolathur Desom, Ernad Taluk, Malappuram described in the Sale Deed No. 802/2008 is not suitable for paddy cultivation and be treated as dry land.

iv) Issue any other just and equitable order in the interest of justice under the given facts and circumstances, as this Hon'ble Court may deem fit and proper.”

The blanket prayers sought for as such cannot granted  as the petitioner has to make an appropriate application under the Kerala Conservation of Paddy Land and Wetland Act (for short 'the Act').

Without  prejudice  to  the  right  of  the  petitioner  to  make appropriate application under the provisions of the Act, the writ petition is disposed of.