George Thomas vs The State Of Kerala
2021 Latest Caselaw 24050 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
                           WP(C) NO. 30736 OF 2021
PETITIONER:

              GEORGE THOMAS, AGED 58 YEARS,
              S/O. THOMAS, MOOKKILIKKATTU HOUSE, THANKAMONY P.O.,
              IDUKKI-685 609.

              BY ADVS.
              C.Y.VINOD KUMAR
              JAIN VARGHESE
              STEPHY K REGI



RESPONDENT/S:

      1       THE STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
              DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

      2       THE DISTRICT COLLECTOR
              COLLECTORATE, PAINAVU, IDUKKI COLONY P.O.,
              KUYILUMALA, IDUKKI-685 603.

      3       THAHSILDAR (LA)
              IDUKKI TALUK, IDUKKI COLONY P.O., KUYILIMALA,
              IDUKKI, PIN-685 603.

      4       THE VILLAGE OFFICER
              THANKAMONY VILLAGE OFFICE, THANKAMONY, IDUKKI,
              KERALA-685 602.


OTHER PRESENT:

              G.P.-SRI.PREMCHAND R.NAIR.


          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.12.2021,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.30736/2021

                                  ..2..

                              JUDGMENT

The petitioner is in possession of 7.50 cents

of property and a residential building

therein, comprised in Sy.No.260/1 of

Thankamony Village, Idukki, out of which 2.50

cents of property was purchased by the

petitioner. The petitioner and his father were

in possession of the remaining 5 cents of

property from the year 1959 onwards without

any interruption, which is government

puramboke. The petitioner submitted Ext.P2

application before the 3rd respondent for

issuing patta for the 5 cents of property,

which is in uninterrupted possession of the

petitioner and his family for the last more

than 60 years.

2. The limited prayer of the petitioner is for

consideration of Ext.P2 application for

issuance of patta or licence of the property.

The grievance of the petitioner is that though WP(C) No.30736/2021

..3..

Ext.P2 application has been filed on

06.08.2021, no orders have so far been passed

by the 3rd respondent on Ext.P2 application.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader.

4. In the facts and circumstances of the case and

in the nature of the limited relief prayed for

by the petitioner in the writ petition, there

will be a direction, directing the 3rd

respondent to consider Ext.P2 application in

accordance with law with notice to the

petitioner within a period of three months

from the date of receipt of a copy of this

judgment.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE Bka/28.12.2021 WP(C) No.30736/2021

..4..

APPENDIX OF WP(C) 30736/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 26.2.21 IN WPC NO.3778/20 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 6.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.