Kerala High Court
Sunil Mathew vs Special Tahsildar (Land Assignment), ... on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 26600 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 26600 OF 2016
PETITIONER/S:
SUNIL MATHEW
AGED 40 YEARS
AGED 40 YEARS, S/O. MATHEW, KARUVAKUNNEL HOUSE,
KANCHIYAR VILLAGE, KANCHIYAR P.O., IDUKKI DISTRICT.
BY ADVS.
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENT/S:
1 SPECIAL TAHSILDAR (LAND ASSIGNMENT), KATTAPPANA
KATTAPPANA, IDUKKI DISTRICT.
2 ADDITIONAL TAHSILDAR
TALUK OFFICE, IDUKKI.
3 THE VILLAGE OFFICER
VILLAGE OFFICE, KANCHIYAR P.O., IDUKKI DISTRICT.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26600 OF 2016 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 26600 of 2016
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Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. Call for records leading to Exhibit P2 and quash Exhibit. P2 ii. Issue a writ in the nature of mandamus commanding the 1st Respondent to consider and pass orders on the land assignment applications submitted by the petitioner evidenced by Ext.P3 and P4 application filed by the Petitioner with notice to him within such time as may be deemed fit by this Hon'ble Court and until the decision is taken direct the respondents not to proceed with Ext.P2 notice in view of exception of rule 7 of the Kerala Land Conservancy Rules 1958.
iii. issue such other orders, writs or directions as are deemed fit by this Hon'ble court.
iv. Award cost of this proceedings to the petitioners." [sic]
2. When this writ petition came up for consideration, WP(C) NO. 26600 OF 2016 3 the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to consider Ext.P4 pending before the 1 st respondent and till then, the interim order already passed by this Court may be allowed to continue.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think that prayer can be allowed. But I make it clear that I have not considered the matter on merit and the 1st respondent is free to pass appropriate orders in the application.
Therefore, this writ petition is disposed of with the following directions :
1) The 1st respondent is directed to consider and pass appropriate orders in Ext.P4, if it is received and pending as on today, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within four months from the date of receipt of a WP(C) NO. 26600 OF 2016 4 certified copy of this judgment.
2) If orders are passed in Ext.P4, a copy of the same shall be communicated to the petitioner.
3) Till final orders are passed in Ext.P4, if not already passed, the status quo as on today will continue.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 26600 OF 2016 5 APPENDIX OF WP(C) 26600/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED FOR THE PERIOD 2015-16 DATED 1-8-2015. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 07-07-2016 ISSUED TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 30-01-2012 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FORM DATED 11-02-2012 DULY FILED AND SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF MINUTES OF MEETING HELD ON 1-1-2016 UNDER THE CHAIRMANSHIP OF THE CHIEF MINISTER.
EXHIBIT P6 TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR IDUKKI TO THE HON'BLE MEMBER OF PARLIAMENT DATED 25-02-2016. EXHIBIT P7 TRUE COPY OF THE LETTER OF THE KSEB DATED 25-02-2016.