IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 16252 OF 2022
PETITIONER:
KUSAN V.D.,
AGED 58 YEARS
SON OF DAMODARAN, VIRIPPINVELI, PUNNAPRA P.O.,
ALAPPUZHA, PIN: 688004.
BY ADVS.
C.G.BINDU
AJITHA C.G.
K.J.SARANYA RAJ
RESPONDENTS:
1 TAHSILDAR, AMBALAPPUZHA TALUK,
LAND TRIBUNAL - 2, TALUK OFFICE, NEAR DISTRICT
COURT, ALAPPUZHA, PIN: 688001.
2 VILLAGE OFFICER, PUNNAPRA VILLAGE OFFICE,
PUNNAPRA P.O., ALAPPUZHA, PIN : 688004.
OTHER PRESENT:
SMT.MABLE C .KURIAN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16252 OF 2022 2
JUDGMENT
The petitioner prays that Ext.P10 application preferred by him under the provisions of Section 72C of the Kerala Land Reforms Act be directed to be taken up and disposed of by the competent respondent, within a time frame to be fixed by this court.
2. The afore request of Smt.C.G.Bindu - learned counsel for the petitioner, was answered by the learned Senior Government Pleader - Smt.Mable C.Kurian, submitting that she does not have instructions as to whether Ext.P10 application has been received by the competent Authority, but added that if it has been so, then there does not appear to be any legal impediment in the same being disposed of in terms of law; however, praying that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the competent Authority, in terms of law.
Taking note of the afore submissions, I order this writ petition and direct the 1st respondent - Tahsildar to take up Ext.P10 application, if it has already been received, and to dispose of the WP(C) NO. 16252 OF 2022 3 same, after affording an opportunity of being heard to the petitioner;
thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
If, on contrary, Ext.P10 has not been yet received in the Office of the 1st respondent, the said Authority will requisition the petitioner to make available a copy of the same, which shall be acceded to within a period of one week from such request, so that the afore directions can be complied without delay.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/26.5 WP(C) NO. 16252 OF 2022 4 APPENDIX OF WP(C) 16252/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PARTITION DEED NO.2797/05 DATED 28.5.2005 OF ALAPPUZHA SUB REGISTRY.
Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT FOR THE PERIOD 2021-2022 ISSUED FROM THE VILLAGE OFFICE, PUNNAPRA.
Exhibit P3 TRUE COPY OF SALE DEED NO.5037/2008 DATED 30.9.2008 OF ALAPPUZHA SUB REGISTRY EXECUTED IN FAVOUR OF THE PETITIONER BY HIS BROTHER PRAKASH.
Exhibit P4 TRUE COPY OF LAND TAX RECEIPT FOR THE PERIOD 2021-2022 ISSUED FROM VILLAGE OFFICE, PUNNAPRA DATED 25.02.2022. Exhibit P5 TRUE COPY OF LOCATION CERTIFICATE NO.2547/17 DATED 24.10.2017 ISSUED BY 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF POSSESSION AND NON ATTACHMENT CERTIFICATE NO.2560/17 DATED 27.10.2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF FAIR VALUE CERTIFICATE NO.2560/17 DATED 27.10.2017 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER.
Exhibit P8 TRUE COPY OF EXTRACT OF TP ACCOUNT ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER. Exhibit P9 TRUE COPY OF NOTIFICATION NO. G.O. (P) NO.4/2019/RD DATED 18.1.2019 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P10 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26.3.2022 UNDER SECTION 72C OF THE KERALA LAND REFORMS ACT.
Exhibit P11 TRUE COPY OF JUDGMENT DATED 14.3.2008 IN W.P.(C) NO.28398/2017.