T.K.Alexander vs State Of Kerala
2021 Latest Caselaw 6476 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

  TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.3869 OF 2021(G)


PETITIONER/S:

                T.K.ALEXANDER, AGED 56 YEARS
                S/O.K.THOMAS, KONATH KADAYIL VEEDU, 49,
                ADICHANALLOOR, ADICHANALLOOR P.O., KOTTAYAM
                DISTRICT-691573.

                BY ADVS.
                SRI.R.RAJESH (VARKALA)
                SRI.M.KIRANLAL
                SRI.MANU RAMACHANDRAN
                SHRI.SAMEER M NAIR

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
                THIRUVANANTHAPURAM DISTRICT-695001.

      2         THE REVENUE SECRETARY,
                SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695001.

      3         THE DISTRICT COLLECTOR,
                COLLECTORATE, KOLLAM DISTRICT-691013.

      4         THE CHAIRMAN,
                TALUK LAND BOARD, PUNALUR, AND RDO,
                PUNALUR, KOLLAM DISTRICT-691305.

      5         THE TAHSILDAR (LR),
                TALUK OFFICE, PATHANAPURAM,
                KOLLAM DISTRICT-689695.

      6         THE VILLAGE OFFICER,
                KULATHUPUZHA VILLAGE, KOLLAM DISTRICT-691310.

OTHER PRESENT:

                SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.3869 OF 2021(G)
                                    -2-

                             JUDGMENT

The petitioner has filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the 4th respondent to consider and pass orders in

L.S.M.No.1/2000 on the file of the Taluk Land Board, Punalur,

within a time limit to be fixed by this Court.

2. Going by the averments in the writ petition, the

petitioner had purchased 7.10 Acres of property by way of Ext.P1

sale deed bearing No.604/2004 of Sub Registrar Office,

Kulathuppuzha dated 27.05.2004. The petitioner is in possession

of that property and he had affected transfer of registry and is

remitting land tax under thandaper No.7095 of Kulathuppuzha

Village. The petitioner was served with a notice in a proceedings

initiated under Rule 12B of the Kerala Land Reforms (Ceiling)

Rules, 1970 intimating that the land covered by Ext.P1 sale deed

comes under the definition 'ceiling area' as defined under the

Kerala Land Reforms Act, 1963. Now the matter is pending

before the 4th respondent Taluk Land Board, Punalur. The

petitioner has already preferred Ext.P2 objection dated

22.10.2018 before the Taluk Land Board. The document marked W.P(C).No.3869 OF 2021(G)

as Ext.P3 is the possession certificate dated 02.03.2020 obtained

by the petitioner from the 6th respondent Village Officer. The

petitioner submitted Ext.P4 representation dated 08.05.2020

before the 3rd respondent District Collector pointing out that on

account of the endorsement made in the thandaper register

regarding the ceiling case, he is restrained from obtaining loan by

mortgaging the said property. The petitioner submitted Ext.P5

representation dated 14.07.2020 before the 4 th respondent

Chairman, Taluk Land Board. The document marked as Ext.P6 is

the land tax receipt dated 30.09.2020 and the documents

marked as Ext.P7 series are the property tax receipts in respect

of the building standing in that property. In this writ petition, the

petitioner is seeking early disposal of L.S.M.No.1/2000 by the 4 th

respondent Taluk Land Board, within a time limit to be fixed by

this Court.

2. On 15.02.2021, when this writ petition came up for

admission, the learned Government Pleader sought time to get

instructions.

3. Heard the learned counsel for the petitioner and also

the learned Senior Government Pleader appearing for the W.P(C).No.3869 OF 2021(G)

respondents.

4. The grievance of the petitioner is the delay in the final

disposal of L.S.M.No.1/2000 on the file of the Taluk Land Board,

Punalur.

5. The learned Senior Government Pleader would submit

that the 4th respondent Taluk Land Board shall finally dispose of

L.S.M.No.1/2000 within the time limit that may be fixed by this

Court.

7. Having considered the submissions made by the

learned counsel on both sides this writ petition is disposed of by

directing the 4th respondent Taluk Land Board, Punalur to finally

dispose of L.S.M.No.1/2000 with notice to all parties, within a

period of seven months from the date of receipt of a certified

copy of this judgment, if there are no other legal impediments.

No order as to costs.

Sd/-

ANIL K.NARENDRAN, JUDGE.

bkn/-

W.P(C).No.3869 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.607/2004 OF KULATHUPUZHA SUB REGISTRAR OFFICE.

EXHIBIT P2 THE TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER BEFORE THE TALUK LAND BOARD DATED 22.10.2018.

EXHIBIT P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.05.2020.

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT DISTRICT COLLECTOR DATED 08.05.2020.

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 14.07.2020 BEFORE THE 4TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE LAND TAX RECEIPT.

EXHIBIT P7 THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(A) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(B) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(C) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(D) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(E) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(F) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.

EXHIBIT P7(G) THE TRUE COPY OF THE PROPERTY TAX RECEIPT.