IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 1395 of 2011(Y) ------------------------- PETITIONER: --------------- E.M.KOYAN, AGED 45 YEARS, S/O.MOHAMMADALY, ERAMTHURUTHY HOUSE, KUTTILANJI KARA, IRAMALLORE VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: --------------- 1. THE VILLAGE OFFICER, IRAMALLORE VILLAGE, P.O.NELLIKKUZHY, KOTHAMANGALAM TALUK-686691. 2. TAHASILDAR, KOTHAMANGALAM TALUK, TALUK OFFICE, KOTHAMANGALAM-686691. 3. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA P.O., PIN 686661. 4. LAND REVENUE COMMISSIONER, GOVT. OF KERALA, THIRUVANANTHAPURAM-695001. BY G.P. SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH C.O.C. NO.60/2011 ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 1395/2011) PETITIONER'S EXHIBITS: P1: TRUE COPY OF TITLE DEED OF PETITIONER'S PROPERTY. P2: TRUE PHOTOGRAPH SHOWING THE LIE OF THE PROPERTY. P3: TRUE COPY OF DECISION OF NELLIKKUZHY GRAMA PANCHAYATH DT.18.11.2008. P4: TRUE COPY OF BUILDING PERMIT ISSUED BY THE PANCHAYAT. P5: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY R3. P6: TRUE COPY OF LOCATION SKETCH ISSUED BY R3. P7: TRUE COPY OF ORDER ISSUED BY THE PERIYAR VALLEY EXECUTIVE ENGINEER DT.3.2.2010. P7(a): TRUE COPY OF RECEIPT SHOWING THE REMITTANCE OF THE AMOUNT. P8: TRUE COPY OF NO OBJECTION CERTIFICATE FROM THE ASSISTANT DIVISIONAL FIRE OFFICER. P9: TRUE COPY OF CERTIFICATE OBTAINED FROM THE SENIOR TOWN PLANNER. P10: TRUE COPY OF ACKNOWLEDGEMENT OBTAINED FROM THE DEPARTMENT OF INDUSTRIES. P11: TRUE COPY OF ILLEGAL PROHIBITORY ORDER ISSUED BY R1. P12: TRUE COPY OF REPORT MADE BY THE AGRICULTURAL OFFICER KRISHI BHAVAN, NELLIKKUZHY TO R4. P13: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DT.21.12.2010. P14: TRUE COPY OF LETTER ISSUED BY R1 DT.1.1.2010. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.1395 of 2011 & C.O.C. No.60 of 2011 .................................................................... Dated this the 3rd day of June, 2011. JUDGMENT Ramachandran Nair, J. Connected W.P.(C) and the Contempt case are heard by us together. The case of the petitioner is that Exts.P11 and P14 issued by the Village Officer contain factual errors in as much as the land is garden land cultivated with rubber and not paddy land as described by the Village Officer in his report. Government Pleader has referred to the affidavit filed by the Village Officer stating that he has inspected the property and has reported that there is only partial filling and the balance land is still fit for paddy cultivation. In view of the controversy raised, we feel the matter could be referred to the R.D.O. for inspection and decision. Accordingly we dispose of the W.P.(C) with direction to the R.D.O. i.e. third respondent, to conduct an inspection and if satisfied that the land is not paddy land or land unfit for paddy cultivation, he will direct the Village Officer to issue identity WPC 1395/11 & COC 60/11 2 of the land as garden land for the petitioner to construct building or to set up saw mill. We make it clear that what is important is not the description of the property in the Village records, but the actual state of affairs i.e. whether the land is paddy land fit for cultivation and if it is not so, to authorise construction in the land. The R.D.O. is directed to take a decision within a period of six weeks from date of production of copy of this judgment. The petitioner will produce copy of this judgment and make himself available on the date fixed for inspection by the R.D.O. In view of the above judgment, we do not find any justification to proceed with the contempt. Contempt case is accordingly closed. Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- P.S.GOPINATHAN Judge True copy P.S. to Judge pms