Petitioner purchased 10 cents of land in Resurvey No.145/2 in Chuzhali Village, Kannur district from one Chandroth Govindan as per sale deed No.2825/2010. It seems description of the property in the document is shown as purayidam.
2. There is no impediment in law in showing the description of the property as purayidam in a registered document. However, merely because a property has been described as purayidam in the document, the revenue officials are not bound to act upon such description made in the document. The revenue officials are bound to effect mutation only in accordance with the nature and character of the property as classified in the BTR. As seen from Ext.P8, this property has been classified as nilam. Therefore, even though description is shown in the document as purayidam, revenue officials are not bound to effect classification as purayidam. Therefore, revenue officials are directed to effect mutation based on sale deed executed in favour of the petitioner. If the petitioner has a case that this property cannot be classified as nilam, petitioner shall approach the Local Level Monitoring W.P(C).No.28415 of 2014 2 Committee to correct the details of the property as nilam. Petitioner cannot correct the details by asking revenue officials to change the details in accordance with the description in the title deed. The remedy available to the petitioner is to approach the Local Level Monitoring Committee under Act 28 of 2008 to change the classification as reclaimed land if otherwise, it is reclaimed before the Act 28 of 2008. Therefore, with that liberty the Writ Petition is disposed of by directing the second respondent to effect mutation based on Ext.P2 sale deed in accordance with the description in the BTR within a period of three weeks from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/30/10/14