IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
O.P.(C) NO.797 OF 2022
PETITIONER/APPLICANT:
MAREENA SUKUMARAN,
AGED 53 YEARS, W/O. SUKUMARAN,
PULIYALLIYIL HOUSE,
ILANKAD, KOOTTIKKAL VILLAGE,
KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT-686 514.
BY ADV. V.S. BABU GIREESAN
RESPONDENTS/STATE & RESPONDENT, THE TITLE HOLDER AND THIRD PARTY:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM-686 002.
3 THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KOTTAYAM-686 002.
4 THE POOVARANI DEVASWOM,
POOVARANI THEKKEMADOM,
THREKKEMADOM ROAD, PAZHAYA NADAKKAVU,
THRISSUR, REPRESENTED BY ITS MANAGER,
THEKKEMADOM, THRISSUR-680 001.
5 M.N. MOHANAN,
AGED 72 YEARS,S/O. NARAYANAN VAIDYAN,
RESIDING AT MANIPUZHA HOUSE,
MUNDAKKAYAM, ERUMELI NORTH VILLAGE,
KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT-686 509.
R1-R3 SMT. SYLAJA S.L., GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(C) NO.797 OF 2022
C.S. DIAS, J.
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O.P.(C) No.797 of 2022
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Dated this the 9th day of June, 2022
JUDGMENT
The original petition is filed, inter alia, to direct the 3rd respondent to dispose of Ext.P1 application within a time frame.
2. The concise case of the petitioner in the original petition is that she is the occupant of a hut situated in Survey No.126/5 in Block No.79 of Koottikkal Village in continuation of the occupation by husband and his father for the last 65 years. The property is owned by the 4 th respondent. The petitioner is eligible to get purchase certificate of kudikidappu right. She has filed Ext.P5 application before the 3rd respondent as early as in the year 2010. The application was accepted and was numbered as S.M.P No.30/2010. However, the proceedings are lying idle for the last 12 years. While so, the 5th respondent, who is not a party in the proceeding, -3- O.P.(C) NO.797 OF 2022 has filed Ext.P2 objection to reject Ext.P1 application. Even though the petitioner was appearing before the 3 rd respondent, the proceeding has been adjourned from time to time. The petitioner has also filed Ext.P11 application to consider the right of the 5 th respondent to participate in the proceeding. The petitioner is now aged 53 years. Despite the long pendency of Ext.P1, no action has been taken by the 3rd respondent. Hence the original petition.
3. Heard Sri. V.S. Babu Gireesan, the learned counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 to 3. Although notice has been served on repondents 4 and 5, there is no appearance for them.
4. On a consideration of the pleadings and materials on record, it is a fact that Ext.P1 application is pending consideration before the 3rd respondent since 2010. The proceedings have been adjourned from time to time and no final order has been passed. Certainly, grave -4- O.P.(C) NO.797 OF 2022 prejudice and hardship has been caused to the petitioner due to the inaction of the 3rd respondent in not bringing a finality to the proceeding.
5. In the aforesaid factual circumstances, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the 3 rd respondent to consider and dispose of Exts.P1 and P11 applications, in accordance with law, after considering all the available pleadings and materials on record, including the objection of the 5th respondent. Needful shall be done by the 3rd respondent as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment.
The original petition is ordered accordingly.
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C.S. DIAS JUDGE bpr -5- O.P.(C) NO.797 OF 2022 APPENDIX PETITIONER'S EXHIBITS EXHIBIT1 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SUBMITTED BEFORE THE 3RD RESPONDENT IN THE YEAR 2010.
EXHIBIT2 COPY OF THE PETITION FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 05.03.2012.
EXHIBIT3 COPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P3(A) COPY OF THE VAKALATH OF THE 5TH RESPONDENT. EXHIBIT P4 COPY OF THE CERTIFICATE ISSUED FROM THE VILLAGE OFFICE TO PRODUCE BEFORE THE LOCAL PANCHAYAT.
EXHIBIT P5 COPY OF THE LETTER DATED 19.02.2020 ISSUED BY THE 4TH RESPONDENT, THE TITLE HOLDER TO THE PETITIONER.
EXHIBIT P5(A) TRUE COPY OF THE RECEIPT OF PURCHASE MONEY DATED 19.02.2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6 COPY OF THE APPLICATION FILED BEFORE THE 3RD RESPONDENT ON 23.06.2020 FOR ACCEPTING P5 & P5(A) BEFORE THE 3RD RESPONDENT. EXHIBIT P7 COPY OF THE OBJECTION AGAINST EXT.P2 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 COPY OF THE BUILDING PERMIT OBTAINED BY THE PETITIONER FROM THE LOCAL PANCHAYAT. EXHIBIT P8(A) COPY OF THE LOCATION MAP OF THE KUDIKIDAPPU LAND ISSUED BY THE VILLAGE OFFICER TO BE PRODUCED BEFORE THE PANCHAYAT.
-6-O.P.(C) NO.797 OF 2022 EXHIBIT P9 COPY OF THE OCCUPANCY CERTIFICATE OF THE PETITIONER IN THE KUDIKIDAPPU LAND TO BE PRODUCED BEFORE THE LOCAL PANCHAYAT. EXHIBIT P10 COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT ON 18.07.2017 DIRECTING THE TAHSILDAR TO TAKE ACTION AND REPORT. EXHIBIT P11 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT TO CONSIDER THE RIGHT OF THE 5TH RESPONDENT ON 12.02.2022.
EXHIBIT P12 COPY OF THE PETITION FILED BY THE PETITIONER UNDER SECTION 105 OF THE KLR ACT BEFORE THE 3RD RESPONDENT.
EXHIBIT P13 COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 25.02.2022 FILED BEFORE THE 3RD RESPONDENT.
EXHIBIT P14 COPY OF THE PETITION FILED BY THE 5TH RESPONDENT TO RETAIN HIM AS OBSTRUCTOR IN THE PROCEEDINGS ON 01.04.2022.
EXHIBIT P15 COPY OF THE OBJECTION AGAINST EXT.P13 FILED BY THE 5TH RESPONDENT ON 01.04.2022. EXHIBIT P16 COPY OF THE OBJECTION FILED BY THE 5TH RESPONDENT AGAINST THE REPORT OF THE TAHSILDAR DATED 01.04.2022.
EXHIBIT P17 COPY OF THE APPLICATION FOR THE B DIARY OF THE PROCEEDINGS IN SMP NO.30/2010 ON 02.04.2022.
EXHIBIT P18 COPY OF THE ORDER IN I.A.NO.140/2019 AND I.A.NO.5 OF 2022 IN O.S.NO.27/2019 OF THE MUNSIFF COURT, ERATTUPETTA.