IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 10758 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------- DR.JOSEPH VALLOPPALLIL,S/O.K.M.AUGUSTINE, AGED 72 YEARS,MEDICAL PRACTITIONER,NOW RESIDING AT 4906, MAGNOTIA LANE,COUNTRY ESTATE,HUMMAN ROAD,BAY CITY, TEXAS 77414,UNITED STATES OF AMERICA,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER JOHN V.AUGUSTINE. BY ADVS. SRI.M.NARENDRA KUMAR, SRI.P.B.PRADEEP, SMT.LAYA SIMON. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO MINISTRY OF LOCAL SELF GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM - 01. 2. DISTRICT COLLECTOR, KOTTAYAM - 101. 3. REVENUE DIVISIONAL OFFICER, PALA - 686 575. 4. REVENUE DIVISIONAL OFFICER, PALA,KOTTAYAM - 1. 5. RAMAPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,RAMAPURAM,ALUVA - 686 575. 6. ARUN THOMAS,S/O.THOMAS,AGED 32, RESIDING AT KOLATH HOUSE,RAMAPURAM BAZAR P.O, PALA - 686 575. R1 TO R4 BY GOVERNMENT PLEADER SRI. M.H.HANILKUMAR R5 BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR), SRI.GEORGE VARGHESE KIZHAKKAMBALAM. R6 BY ADVS. SRI.ROY CHACKO, SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10758/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE POSSESSION CERTIFICATE DTD. 24/03/2009. P2: COPY OF THE TAX RECEIPT DTD. 25/03/2010. P3: COPY OF THE BUILDING PERMIT DTD. 27/07/2009. P3(A): COPY OF THE APPROVED PLAN. P3(B): COPY OF THE APPROVED PLAN. P4: COPY OF THE CIRCULAR NO.59655/RA1/09 DTD. 23/09/2008 (LSGD). P5: COPY OF THE MINUTES OF THE RAMAPURAM GRAMA PANCHAYAT DTD. 15/07/2009. P6: COPY OF THE APPLICATION DTD. 14/02/2011 SUBMITTED BY THE PETITIONER TO THE SUB COLLECTOR, PALA. P7: COPY OF THE FORWARDING LETTER TO THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DTD. 24/03/2011. P8: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER DTD. 18/02/2011. P9: COPY OF THE APPLICATION DTD. 24/03/2011 TO RDO,PALA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.10758 OF 2011 -------------------------------------------------- Dated this the 15th day of June 2011 JUDGMENT The grievance of the petitioner is that the property owned by the petitioner as covered under Ext.P1 possession certificate issued by the concerned Village Officer is actually a 'dry land'; though the same has been described as a 'nilam' in the revenue records, which has adversely affected the effective enjoyment of the property. The petitioner in turn has approached the 3rd respondent for redressal of the grievance by filing Ext.P9. 2. Heard the learned Govt. Pleader as well. 3. The learned counsel for the petitioner submits that the issue is squarely covered by the decision rendered by this Court as reported in “Shahana Shukkoor v Chelannur Grama Panchayat” (2009(3) KLT 899), whereby it has been held that the description of the property in the revenue records by itself is not enough and it has to be decided with reference to the physical nature of the property and such other aspects. 4. In the above circumstances, the Writ Petition is disposed of, directing the 3rd respondent to consider Exts.P6 and P9 and pass appropriate orders in accordance with law, after giving an W.P.(C) No.10758/2011 2 opportunity of hearing to the petitioner, which shall be done as expeditiously as possible, at any rate within 'six weeks' from the date of receipt of a copy of this judgment. 5. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 3rd respondent for taking further steps. vdv P.R.RAMACHANDRA MENON, JUDGE