Kerala High Court
Kunhapputty vs The District Collector on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.5994 OF 2010(Y)
PETITIONER:
KUNHAPPUTTY
S/O. MOHAMMED
PALAKKAL PICHANADATHIL, THEENDAMPARA HOUSE,
P.O.TENHIPALAM, MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.P.SUDHEER
RESPONDENTS:
1 THE DISTRICT COLLECTOR
MALAPPURAM
2 THE REVENUE DIVISIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT.
3 THE VILLAGE OFFICER, TENHIPALAM
MALAPPURAM DISTRICT.
4 TENHIPALAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
TENHIPALAM, MALAPPURAM DISTRICT.
5 THE SUB INSPECTOR OF POLICE
TENHIPALAM POLICE STATION,
TENHIPALAM, MALAPPURAM DISTRICT.
ADDL. CHOVVA PADASEKHARA SAMITHI
R6 REGISTERED NO. 339/07, THENHIPALAM,
KALAKATTUPURA, P.O. THENHIPALAM, MALAPPURAM - 673636,
REPRESENTED BY ITS SECRETARY KRISHNADASAN.
ADDITIONAL R6 IMPLEADED AS PER ORDER DATED 16.11.2010
IN I.A.NO.11675/10
R1 BY ADV. SRI.E.NARAYANAN
R6 BY ADV. B.PREMNATH (E)
R1 TO 3,5 AND 7 -SRI.SURIN GEORGE IPE, SENIOR
GOVERNMENT PLEADER R6- SRI.B.PREMNATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C).No.5994 OF 2010(Y)
JUDGMENT
Dated this the 9th day of April 2021
This writ petition is filed by the petitioner,
who is allegedly in possession of an extent of 49
cents of land in R.S No.263/7 of Tenhipalam Village
by virtue of Ext.P1 sale deed bearing No.1927/1983,
seeking a writ of mandamus directing the District
Collector and others to take final decision on
Exts. P8 and P10 applications submitted by the
petitioner seeking issue of possession certificate
as per the provisions of the Malabar Land
Registration Act, 1895.
2. The District Collector has filed a very
detailed counter affidavit disputing the claims
raised by the petitioner against the said property.
However it is stated that, since it is a statutory
application to be decided by the Revenue Divisional
Officer, Tirur, the application was forwarded to
the said authority and the said authority is to
take a decision.
WP(C).No.5994 OF 2010(Y)
3. The additional 6th respondent, namely
Chowwa Padasekhara Samithi has also filed a
detailed counter affidavit, refuting the claims and
demands raised by the petitioner and disputing the
possession of the property by the petitioner and
the pond situated therein. Anyhow, since it is a
statutory application, a decision is to be taken by
the statutory authority.
4. Moreover the issues raised in the writ
petition and the counter affidavit shows that the
subject matter is revolving around various factual
circumstances, which cannot be deciphered by this
Court exercising the power of judicial review under
Article 226 of the Constitution of India. Which
thus means, necessarily the statutory authority has
to take a decision, after conducting due and proper
enquiry.
In that view of the matter, after hearing
SRI.K.P.Sudheer for the petitioner, Sri.B.Premnath
for the additional 6th respondent and the learned
WP(C).No.5994 OF 2010(Y)
Senior Government Pleader Sri.Surin George Ipe and
perusing the pleadings and materials on record,
this writ petition is disposed of, directing the
Revenue Divisional Officer, Tirur, Malappuram
District, the 2nd respondent to finalise the
proceedings pertaining to Exts. P8 and P10
applications at the earliest, and at any rate,
within two months from the date of receipt of a
copy of this judgment, after providing an
opportunity of hearing to the petitioner,
Tenhipalam Grama Panchayath and the additional 6th
respondent namely, Chowwa Padasekhara Samithi.
Petitioner is directed to produce a copy of the
writ petition along with all the documents and the
counter affidavit filed by the respective parties
before the 2nd respondent for appropriate action.
Sd/-
SHAJI P.CHALY
JUDGE
Hmh
WP(C).No.5994 OF 2010(Y)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF SALE DEED REGISTERED AS
DOC.NO.1927 OF 1983 DATED 15TH JULY
1983 OF TENHIPALAM SRO
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT
NO.6558830 DT. 20.06.2005 FOR THE
PERIOD 2005-06 ISSUED IN FAVOUR OF
THE PETITIONER
EXHIBIT P3 TRUE COPY OF JUDGMENT DATED
25.09.2006 IN W.P.(C).NO.25049/2006
PASSED BY THIS HON'BLE COURT
EXHIBIT P4 TRUE COPY OF NOTICE DATED 17.10.2006
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P5 TRUE COPY OF NOTICE DATED 28.12.2006
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE ORDER DATED
17.2.2007 ISSUED BY THE DISTRICT
SURVEY SUPERINTENDANT, MALAPPURAM
EXHIBIT P7 TRUE COPY OF THE LETTER DATED
30.12.2009 ISSUED FROM THE OFFICE OF
THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED
16.1.2010 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF LETTER DATED 29.01.2010
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED
18.02.2010 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P10(a) TRUE COPY OF ACKNOWLEDGEMENT DATED
18.02.2010 ISSUED BY THE OFFICE OF
THE 2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF COMPLAINT DATED
21.02.2010 SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
WP(C).No.5994 OF 2010(Y)
RESPONDENT'S/S EXHIBITS:
EXHIBIT R6(a) A TRUE COPY OF THE REPRESENTATION OF
THE PETITIONER DATED 21.06.2010
EXHIBIT R6(b) A TRUE COPY OF THE APPLICATION OF THE
PETITIONER UNDER THE RTI ACT, DATED
24.05.2010
EXHIBIT R6(C) A TRUE COPY OF THE DECISION NO.5(9)
OF THE 4TH RESPONDENT IN MAY 2009
EXHIBIT R6(d) A TRUE COPY OF THE PERMISSION FOR THE
WORK UNDER THE NREGS DATED 11.05.2009
EXHIBIT R6(e) A TRUE COPY OF THE DETAILED ESTIMATE
FOR THE WORK UNDER THE NREGS
EXHIBIT R6(f) A TRUE COPY OF THE SITE PLAN FOR THE
WORK UNDER THE NREGS
