V.S.Murugesan vs State Of Kerala
2021 Latest Caselaw 1810 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                      WP(C).No.22256 OF 2013(F)


PETITIONER:

               V.S.MURUGESAN
               S/O.SOUDIAH,
               AGED 46 YEARS,
               RESIDING AT SANTHOSH COTTAGE,
               HOUSE NO.IX/1318, NEW COLONY, MUNNAR P.O.,
               IDUKKI DISTRICT, PIN - 686 612.

               BY ADV. SRI.N.M.VARGHESE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
               SECRETRIAT,THIRUVANANTHAPURAM-695 001.

      2        THE DISTRICT COLLECTOR
               IDUKKI DISTRICT, COLLECTORATE, PAINAVU,
               IDUKKI - 685 602.

      3        TAHSILDAR
               DEVIKULAM TALUK, DEVIKULAM P.O., PIN-685 613.

      4        THE MUNNAR GRAMA PANCHAYATH
               (SPECIAL GRADE) REPRESENTED BY ITS SECRETARY,
               PANCHAYATH OFFICE,MUNNAR P.O., PIN-685 612.

               R4 BY SRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT


               R1 TO R3 BY SRI.MOHAMED ANZAR K J, SPL GP, REVENUE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22256 OF 2013(F)

                                      2




                                  JUDGMENT

Dated this the 18th day of January 2021

This writ petition has been filed praying for a direction to the

2nd respondent to consider and pass orders on Ext.P7 application

for assignment. The learned Special Government Pleader

appearing for the Revenue Department has no objection in a

direction being issued to the 2nd respondent to consider the

application provided however, that the application is proper in all

respects and is supported by genuine documents.

2. The writ petition is, therefore, disposed of directing the

2nd respondent to consider and pass orders on Ext.P7 application

for assignment in accordance with law and after ensuring that all

the supporting documents produced by the petitioner are genuine.

The 2nd respondent shall also afford an opportunity of hearing to

the petitioner. The needful shall be done within a period of three

months from the date of receipt of a copy of this judgment.

3. This Court had issued an interim order on 06.09.2013

directing that status quo shall be maintained with regard to the

occupation of the residential building by the petitioner till the next

posting date. That interim order not been modified till date. WP(C).No.22256 OF 2013(F)

Therefore, till orders are passed on Ext.P.7 application by the 2 nd

respondent, the status quo as on today shall continue to operate.

Sd/-

GOPINATH P.

JUDGE DK WP(C).No.22256 OF 2013(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A PHOTOCOPY OF THE BUILDING MODIFICATION PERMIT DATED 29/1/2010 ISSUED BY THE 4TH RESPONDENT PANCHAYATH.

EXHIBIT P2 A PHOTOCOPY OF THE RESIDENTAL OWNERSHIP CERTIFICATE NO.A3-2275/10 DATED 22/4/2010.

EXHIBIT P3 A PHOTOCOPY OF BUILDING TAX RECEIPT NO.60 DATED 2/2/2012.

EXHIBIT P4 A PHOTOCOPY OF RELEVANT PAGES OF THE RATION CARD OF THE FAMILY OF THE PETITIONER

EXHIBIT P5 A PHOTOCOPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER

EXHIBIT P6 A PHOTOCOPY OF INVOICE CARD IN THE NAME OF THE PETITIONER ISSUED BY THE KERALA WATER AUTHORITY.

EXHIBIT P7 A PHOTOCOPY OF APPLICATION FOR ASSIGNEMNT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT IN THE YEAR 2008.

EXHIBIT P8 A PHOTOCOPY OF REPRESENTATION SUBMITTED BY THE PETITIONER ON 9/10/2008.

EXHIBIT P9 A PHOTOCOPY OF NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DATED 4/12/2010 ON THE STATE POLICY.

EXHIBIT P10 A PHOTOCOPY OF GOVERNMENT ORDER NO.(MS) 394/08/REVENUE DATED 20/11/2008 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 A PHOTOCOPY OF REPRESENTATION DATED 2/9/2013 SUBMITTED AT THE OFFICE OF THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS: NIL