Kerala High Court
Pappa vs The District Collector, Tvm. & ... on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 11808 OF 2011
PETITIONER:
PAPPA
PONMUDI ESTATE, PONMUDI P.O.,, THIRUVANANTHAPURAM
DISTRICT.
BY ADV SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM DISTRICT,, THIRUVANANTHAPURAM.
2 THE TALUK LAND BOARD
THIRUVANANTHAPURAM, REPRESENTED BY, THE TAHSILDAR,
NEDUMANGAD.
3 THE VILLAGE OFFICER THENNOOR
PERINGALAM PANCHAYAT, NEDUMANGAD,,
THIRUVANANTHAPURAM.
OTHER PRESENT:
SMT.MABLE.C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.11808/2011
2
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.11808 of 2011
----------------------------------------------
Dated this the 02nd day of August, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of Mandamus or any other
appropriate writ, direction or order commanding
the 2nd respondent to execute the assignment
deed in favour of the petitioner as expeditiously as
possible;
ii. To issue a writ of Mandamus directing the 2 nd
respondent to issue patta in favour of the
petitioner by accepting the Ext P-2 chalan receipt
within a time limit fixed by this Hon'ble Court.
iii. to issue such other reliefs as this Hon'ble Court
deems fit and proper.
2. The 1st respondent filed a counter affidavit. The
relevant portion of the counter affidavit is extracted
hereunder:
W.P.(C).No.11808/2011
"2. The above writ petition filed by the petitioner
sought for an order by which directing the 2 nd
respondent, Taluk Land Board Thiruvananthapuram
to execute the assignment deed in favour of the
petitioner. The writ petitioner had filed an application
for assignment of land comprised in Survey No.3985
of Thennur Village of Nedumangad Taluk. The
petitioner filed this application in view of the notice
under rule 27 of KLR (Ceiling Rule) 1970 for
assignment of land. It is stated that 600 beneficiaries
including writ petitioner herein were selected from
the eligible applications and they were given orders
of assignment as per Rule 37(1) of KLR (Ceiling Rule)
1970 on 22.10.2008 for remitting the purchase price.
3. After issuance of the offer of assignment to
the beneficiaries, the District Superintendent of
Survey, Thiruvananthapuram had completed the
necessary survey and boundary for the distribution of
the said land and further action has been initiated by
this respondent to issue deed of assignment as per
Rule 31(2) of KLR (Ceiling Rules) 1970 to the
beneficiaries who remitted the purchase price in time.
While so the said land comprised in Survey No. 3985
of Thennur Village of Nedumangad Taluk has been
notified as Ecologically Fragile Land (EFL) under the
Kerala Forest (Vesting and Management of
Economically Fragile Land) Act 2003 by Chief
Conservator of Forest Development,
Thiruvananthapuram as per Gazette notification No
W.P.(C).No.11808/2011
EFL 2455/2010 dated. 07.09.2010. The photocopy of
the Gazette notification dated 7.9.2010 is produced
herewith and marked as Exhibit. R2(a).
4. Hence this respondent cannot proceed with
the steps for assignment of the land which are
notified as Ecologically Fragile Land and the matter
has been forwarded to the Government for necessary
orders. It is stated that there is no deliberate inaction
or lapses on the part of this respondent in this case.
The land intended to be assigned could not be given
to the petitioner and other similar beneficiaries
because of the fact that the same has been declared
as Ecologically Fragile Land by the Forest
Department. There is no negligence or willful latches
on the part of the respondent in distributing the
pattayam to the parties concerned in the case."
3. In the light of the above averments in the counter
affidavit, this Court cannot consider the prayers in this writ
petition. If there is any fresh cause of action to the petitioner,
the petitioner is free to approach the authority concerned. All
other contentions of the petitioner are left open.
With the above observations, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.11808/2011
APPENDIX OF WP(C) 11808/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER OF ASSIGNMENT
ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE CHALAN RECEIPT DATED
28.09.2008
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) THE PHOTOCOPY OF THE GAZETTE
NOTIFICATION NO.EFL 2455/2010 DATED
7.9.2010
W.P.(C).No.11808/2011
APPENDIX OF WP(C) 11808/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER OF ASSIGNMENT
ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF CHALAN RECEIPT DATED
28.09.2008
RESPONDENTS EXHIBITS
EXHIBIT R2(A) THE PHOTOCOPY OF THE GAZETTE
NOTIFICATION NO.EFL 2455/2010 DATED
7.9.2010
