IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 9725 OF 2022
PETITIONERS:
1 K.G.RADHAKRISHNAN
AGED 67 YEARS
S/O. GOVINDAN, KUNNEL VEEDU, MANGALAM DAM,
VANDAZHI-I, ALATHUR, PALAKKAD
2 KARTHIYAYINI,
AGED 85 YEARS
W/O. LATE GOVINDAN, KUNNEL VEEDU, MANGALAM DAM,
VANDAZHI-I, ALATHUR, PALAKKAD
BY ADVS.
A.N.RAJAN BABU
P.GOPALAKRISHNAN (MVA)
A.R.EASWAR LAL
RESPONDENTS:
1 STATE OF KERALA
REP. BY ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DISTRICT COLLECTOR,
COLLECTORATE OFFICE, PALAKKAD-678 001
3 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, PALAKKAD-678 001
4 SPECIAL TAHSILDAR,
LAND REFORMS , PATTAMPI, PALAKKAD-679 303
5 VILLAGE OFFICER,
VANDAZHI-I, ALATHUR, PALAKKAD-678 541
BY SMT PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9725 OF 2022
2
JUDGMENT
The prayers sought for in this writ petition are as follows:-
"i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents 4 and 5 to consider Ext.P2, P4, P5,P7 and P8 in respect of 1.756 Hector and 1.8518 Hectors of land in Resurvey No.221/1 in Vandazhi-I Village.
ii) To declare that petitioners have right get prepared the records of Right in respect of 1.756 Hector and 1.8518 Hectors of land in Resurvey No.221/1 in Block No.49 of Vandazhi-I Village."
2. I have heard the learned counsel for the petitioners as well as the learned Government Pleader.
Having regard to the facts and circumstances of the case, there will be a direction to the 4th respondent to consider Ext.P3 in accordance with law and after WP(C) NO. 9725 OF 2022 3 affording an opportunity of being heard either physically or in online mode to the petitioners and affected parties, if any, within a period of three months from the date of receipt of a copy of this judgment. Needless to say that the petitioners will be free to produce such materials to substantiate his claim which the 4th respondent will advert to while taking a decision as aforesaid.
This writ petition is thus disposed of.
Sd/-
MOHAMMED NIAS C.P.
JUDGE SAS WP(C) NO. 9725 OF 2022 4 APPENDIX OF WP(C) 9725/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE B.T.R. OF VANDAZHI-I, VILLAGE Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 7.1.2022 BY VILLAGE OFFICER, VANDAZHI-I Exhibit P3 TRUE COPY OF THE APPLICATION DATED 1.10.2021 TO THE 4TH RESPONDENT SUBMITTED BY THE 1ST PETITIONER Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITION TO THE VILLAGE OFFICER Exhibit P5 TRUE COPY OF THE APPLICATION DATED 10.1.2021 TO GRANT PATTAYAM SUBMITTED BY THE 1ST PETITIONER Exhibit P6 TRUE COPY OF THE LETTER NO.L.R.G/07/2020/9 DATED 4.4.2007 Exhibit P7 TRUE COPY OF THE REPORT DATED 7.1.2022 OF THE VILLAGE OFFICER IN RESPECT OF 1ST PETITIONER Exhibit P8 TRUE COPY OF THE REPORT DATED 7.1.20220 OF THE VILLAGE OFFICER IN RESPECT OF 2ND PETITIONER ADDRESSED TO 1ST PETITIONER Exhibit P9 TRUE COPY OF THE CARDIOVASCULAR SURGERY REPORT ON 29.1.2020