Sadasivan vs The District Collector
2021 Latest Caselaw 17549 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                       WP(C) NO. 17231 OF 2021
PETITIONER:

               SADASIVAN
               AGED 72 YEARS
               S/O.KUMARAN, CHAKKAMADATHIL MANEPARAMBIL,
               VADANAPPILLY, CHAVAKKAD.

               BY ADVS.
               SRI.I.DINESH MENON
               SRI.L.RAJESH NARAYAN

RESPONDENTS:

    1          THE DISTRICT COLLECTOR,
               COLLECTORATE, FIRST FLOOR, CIVIL STATION,
               CIVIL LINE RD., KALYAN NAGAR, AYYANTHOLE,
               THRISSUR - 680 003.

    2          THE TAHSILDAR (LR)
               TALUK OFFICE, VATANAPPILLY, VATANAPPILLY P.O.,
               THRISSUR - 680 614.

    3          THE VILLAGE OFFICER
               VADANAPPILLY VILLAGE OFFICE, VATANAPPILLY,
               THRISSUR - 680 614.


               BY ADV. SMT.AMMINIKUTTY.K


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   26.08.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.17231 of 2021(D)
                                   2




                             JUDGMENT

The petitioner has approached this Court with a

singular plea that his application preferred under Rule 43 of

the Survey and Boundaries Rules, 1964 be taken up and

disposed of by the 2 nd respondent - Tahsildar, Vatanappally,

Thrissur.

2. The learned Senior Government Pleader,

Smt.K.Amminikutty, in response to the above request made by

the learned counsel for the petitioner, Sri.I.Dinesh Menon,

submitted that if the petitioner only requires Ext.P5 to be

taken up and disposed of in terms of law, there does not

appear to be any legal impediment in doing so; however,

praying that this Court may not take any affirmative

declarations in favour of the petitioner and leave it to the

Competent Authority to take a decision thereon, as per law.

Taking note of the afore submissions, I order this

writ petition and direct the 2nd respondent to take up Ext.P5

application of the petitioner and dispose it of, after affording

an opportunity of being heard to him, thus culminating in an

appropriate order thereon, as expeditiously as is possible, but WPC No.17231 of 2021(D)

not later than three months from the date of receipt of a

certified copy of this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ww WPC No.17231 of 2021(D)

APPENDIX OF WP(C) 17231/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PATTA WITH RESPECT TO PROPERTY IN SY.NO.442/10, 14 DATED 22/4/1977.

EXHIBIT P2 TRUE COPY OF PATTA WITH RESPECT TO PROPERTY IN SY.NO.442/12 DATED 22.4.1977.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 4/8/2020.

EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 4/8/2020.

EXHIBIT P5 TRUE COPY OF THE APPLICATION IN FORM 10 FOR MEASUREMENT.

EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 3/8/2021.