M.J.Victoria vs State Of Kerala
2021 Latest Caselaw 1817 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.9944 OF 2018(P)


PETITIONER:

               M.J.VICTORIA
               W/O.LATE ROYAPPAN, AGED 51 YEARS,
               RESIDING AT ARACKAPARAMBIL HOUSE,
               HOUSE NO.IX/1721, COLONY ROAD,
               MUNNAR P.O., PIN-685612.

               BY ADV. SRI.N.M.VARGHESE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, REVENUE (R) DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        THE DISTRIC COLLECTOR, IDUKKI DISTRICT,
               COLLECTORATE, KUYILIMALA, IDUKKI-685602.

      3        THE TAHSILDAR DEVIKULAM TALUK
               TALUK OFFICE, DEVIKULAM-685613.

      4        THE SPECIAL TAHSILDAR, MUNNAR TASK FORCE,
               OFFICE OF THE SPECIAL TAHSILDAR, IKKA NAGAR, MUNNAR,
               PIN-685612.

      5        THE MUNNAR GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
               MUNNAR P.O.,PIN-685612.



               SRI.ARUN THOMAS, SC, MUNNAR GRAMAPANCHAYATH
               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.9944 OF 2018(P)

                                      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.P10

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.P10 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 22.03.2018

directing that the petitioner shall not be dispossessed from the

property in question. That interim order not been modified till WP(C).No.9944 OF 2018(P)

date. Therefore, final orders are passed on Ext.P.10, by the 2 nd

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

Sd/-

GOPINATH P.

JUDGE DK WP(C).No.9944 OF 2018(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A PHOTOCOPY OF CERTIFICATE OF POSSESSION NO.437/96 DATED 26.05.1996 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE PETITIONER CONCERNING HER RESIDENTIAL PROPERTY.

EXHIBIT P2 A PHOTOCOPY OF THE SKETCH OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER WITH DESCRIPTION OF THE PROPERTY.

EXHIBIT P3 A PHOTOCOPY OF RULE 12(1) NOTICE PUBLISHED IN THE MUNNAR GRAMA PANCHAYATH OFFICE BY THE TAHSILDAR , DEVIKULAM IN THE NAME OF THE PETITIONER DATED 13.8.1999.

EXHIBIT P4 A PHOTO COPY OF THE RATION CARD OF THE FAMILY OF THE PETITIONER.

EXHIBIT P5 A PHOTOCOPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER.

EXHIBIT P5(A) A PHOTOCOPY OF AADHAAR CARD OF THE PETITIONER WITH UID 6104 5335 6124.

EXHIBIT P6 A PHOTOCOPY OF GOVERNMENT ORDER NO.394/08 REVENUE DATED 20.11.2008.

EXHIBIT P7 A PHOTOCOPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P8 PHOTOCOPY OF JUDGMENT IN W.P.(C) NO.5261/2012 G DATED 12.03.2012 PASSED BY THIS HON'BLE COURT.

EXHIBIT P9 A PHOTOCOPY OF RELEVANT PORTION OF THE LIST PUBLISHED BY THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P10 A PHOTOCOPY OF APPLICATION FOR ASSIGNMENT SUBMITTED BY THE PETITIONER ON 15.10.2017.

WP(C).No.9944 OF 2018(P)

EXHIBIT P11 A PHOTOCOPY OF REPRESENTATION DATED 18.10.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 A PHOTOCOPY OF GOVERNMENT CIRCULAR NO.70741/A2/2015/REV. DATED 18.10.2016.

EXHIBIT P13 A PHOTOCOPY OF REPRESENTATION DATED 01.03.2018 SUBMITTED AT THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P14 A PHOTOCOPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO.36900/2017 DATED 17.01.2018.

RESPONDENTS' EXHIBITS: NIL