The first petitioner claims to be the owner and in possession of 79 cents of land in Re-survey No.975/1, 5 & 7 in Kannadi-I Village, Palakkad Taluk. The second petitioner is also in possession of 22 cents in the same survey number. Originally this property was classified as wetland in the BTR and after the resurvey it is reclassified as dry land and shown as purayidom in the BTR. It is evident from Ext.P3 and other records produced before this Court. However, it is submitted that when the petitioners approached the Village Officer for obtaining possession certificate, the Village Officer rejected the request to issue possession certificate showing the property as purayidom citing that in an earlier certificate it is shown as wetland. Accordingly, the petitioners have approached this Court.
2. The learned Government Pleader, on instructions, submits that this property is not classified as wetland or
WP(C).No.28845/2014-B.
2 paddy land in the draft data bank. The petitioners' case is that after the resurvey this property was classified as dry land and corrections have been made in BTR and the Village Officer cannot refuse to issue possession certificate showing the property as purayidom. If the BTR has been corrected based on the resurvey, the Village Officer cannot reject such application unless and until that decision to correct the details has been set aside by competent officer. Therefore, refusal on the part of the Village Officer to accept the application and issue possession certificate showing the property as purayidom is unsustainable. Accordingly, this writ petition is allowed. There shall be a direction to the Village Officer to issue possession certificate showing the property as purayidom as per the current BTR.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
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