P.Valsala Amma @ Valsala vs State Of Kerala
2021 Latest Caselaw 1821 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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

                  WP(C).No.8345 OF 2020(P)


PETITIONER :

             P.VALSALA AMMA @ VALSALA
             AGED 69 YEARS
             D/O.T.K.MADHAVAN NAIR, THEKKE PODIYATH HOUSE,
             NOCHAD P.O., KOZHIKODE DISTRICT, PIN-673 614.

             BY ADVS.
             SRI.U.P.BALAKRISHNAN
             SRI.K.R.AVINASH (KUNNATH)

RESPONDENTS:

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

     2       THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT,
             KOZHIKODE, CIVIL STATION P.O., PIN-673 020.

     3       THE TAHSILDAR, KOYILANDI TALUK OFFICE,
             KOYILANDI P.O., PIN-673 305.

     4       THE VILLAGE OFFICER, NOCHAD VILLAGE,
             NOCHAD P.O., KOZHIKODE DISTRICT, PIN-673 614.


             R BY SMT K.AMMINIKUTTY -SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 18.01.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
                                 -2-
WP(C).No.8345 OF 2020(P)


                           JUDGMENT

The petitioner, who is stated to be in possession of a

property having an extent of 216.50 cents in Re.Sy.No.69/2A

and 72, which is now changed as Re.Sy.No.69/19, 72/9, 72/8

and 69/96 of Nochad Village in Koyilandi Taluk, has filed this

writ petition under Article 226 of the Constitution of India,

seeking a writ of mandamus commanding the 4th respondent

Village Officer to issue possession certificate in her favour. The

document marked as Ext.P4 is the application made by the

petitioner for that purpose. The grievance of the petitioner is

that the said application is not being considered by the 4 th

respondent.

2. On 13.01.2021, when this writ petition came up for

admission, the learned Government Pleader sought time to

get instructions from the 4th respondent.

3. Heard the learned counsel for the petitioner and

also the learned Senior Government Pleader appearing for the

respondents.

4. The learned Senior Government Pleader, on

WP(C).No.8345 OF 2020(P)

instructions, would submit that the 4th respondent has already

taken a favourable decision on Ext.P4 application made by the

petitioner for possession certificate and that, the possession

certificate will be uploaded within one week.

In such circumstances, this writ petition is disposed of

recording the fact that the 4th respondent has already taken a

favourable decision on Ext.P4 application made by the

petitioner. The 4th respondent shall upload the possession

certificate, as expeditiously as possible, at any rate, within a

period of one week from this date.

Sd/-

ANIL K.NARENDRAN, JUDGE

AV/20/1

WP(C).No.8345 OF 2020(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.05.2012 AND 03.05.2014 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE LAWYER NOTICE DATED 28.02.2018 ISSUED TO THE R4 IN FAVOUR OF THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 09.07.2019 ISSUED BY THE R4 IN FAVOUR OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR THE POSSESSION CERTIFICATE DATED 13.01.2020.

EXHIBIT P5 THE TRUE COPY OF THE LAWYER NOTICE ISSUED TO THE 2ND AND 3RD RESPONDENT DATED 30.01.2020 ISSUED TO R4 IN FAVOUR OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE 3RD COMPLAINT DATED 19.03.2019 FILED BY THE PETITIONER TO THE 3RD RESPONDENT AND OBTAINED UNDER RTI ACT.