Kerala High Court
T.C.Cherian vs State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
W.P.(C) No.22794 OF 2020(Y)
PETITIONER/S:
1 T.C.CHERIAN
S/O LATE T.V. CHERIAN, THYKKADAVIL HOUSE, PALIYEKKARA
MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
2 ELIZABETH VARGHESE,
AGED 84 YEARS
W/O. LATE VARGHESE CHERIAN, THYKKADAVIL HOUSE,
PALIYEKKARA MURI, THIRUVALLA TALUK, PATHANAMTHITTA
DISTRICT.
BY ADVS.
SRI.P.HARIDAS
SRI.CHERIAN GEE VARGHESE
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
SRI.RISHIKESH HARIDAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 LAND REVENUE COMMISSIONER
OFFICE OF THE LAND REVENUE COMMISSIONER,
MUSEUM POST, THIRUVANANTHAPURAM 695 001.
3 THE DISTRICT COLLECTOR,
PATHANAMTHITTA - 689 645.
4 DEPUTY DIRECOTR OF SURVEY,
DEPARTMENT OF SURVEY, PATHANAMTHITTA - 689 645.
5 SURVEY SUPERINTENDENT ,
DEPARTMENT OF SURVEY, PATHANAMTHITTA - 689 645.
W.P.(C) No.22794 OF 2020(Y)
2
6 REVENUE DIVISIONAL OFFICER,
THIRUVALLA - 689 101.
7 THE TAHSILDAR,
LAND RECORDS (ADDITIONAL TAHSILDAR),
THIRUVALLA - 689 101.
R1-R7 BY GOVERNMENT PLEADER
OTHER PRESENT:
SMT A.C.VIDHYA - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.22794 OF 2020(Y)
3
JUDGMENT
The petitioners, have filed this writ petition under Article 226
of the Constitution of India seeking a writ of certiorari to quash
Ext.P4 notice dated 13.05.2020 issued by the 3 rd respondent
District Collector; a writ of mandamus commanding the 7 th
respondent Tahsildar, Thiruvalla to conduct the survey of property
in the possession of the petitioners within the boundary walls, in
terms of old survey plans and title deeds, and to identify whether
there is any government land within the holding of the petitioners;
a writ of mandamus commanding the 3 rd respondent to receive
application for land assignment from the petitioners and to pass
orders on the same, after conducting site inspection and after
hearing the petitioners, without prejudice to their right of adverse
possession.
2. It is stated in Ext.P1 appeal filed before the 2nd
respondent Land Revenue Commissioner that the petitioner's
mother late Smt. Chachiyamma Cherian obtained 65 cents of
property comprised in old Survey No.31/3A of Thiruvalla Village,
vide sale deed bearing No.424 of 1951 of the Sub Registrar Office,
Kottayam. Ext.P4 notice dated 13.05.2020 issued by the 3 rd
respondent District Collector is in respect of that property.
W.P.(C) No.22794 OF 2020(Y)
3. On 27.10.2020, when this writ petition came up for
admission, the learned Government Pleader was directed to get
instructions and file a statement within ten days. Coercive
proceedings pursuant to Ext.P4 notice was ordered to be kept in
abeyance for a period of three weeks.
4. The learned Government Pleader has filed the report of
the 7th respondent Tahsildar, Thiruvalla dated 30.11.2020, along
with a memo dated 22.12.2020.
5. Along with I.A.No.1 of 2021, the petitioners have placed
on record Ext.P6 reply dated 05.01.2021, submitted before 3 rd
respondent District Collector to Ext.P4 notice dated 13.05.2020.
6. Heard the learned counsel for the petitioners and also
the learned Government Pleader for the respondents.
7. The learned Government Pleader, on instructions, would
submit that the 3rd respondent District Collector will consider
Ext.P6 reply submitted by the petitioners to Ext.P4 notice, with
notice to the petitioners, and take an appropriate decision, before
proceeding further in the matter.
8. The learned counsel for the petitioners would submit
that consideration of Ext.P6 reply and Ext.P4 notice may be with a
notice to the petitioners.
W.P.(C) No.22794 OF 2020(Y)
Having considered the submission made by the learned
counsel on both sides, this writ petition is disposed of by directing
the 3rd respondent District Collector to consider Ext.P6 reply made
by the petitioners to Ext.P4 notice, with notice to the petitioners
and take an appropriate decision, taking note of the relevant
provisions under the Kerala Assignment of Land within Municipal
Corporation Act, 1995, and the rules made thereunder, as
expeditiously as possible, at any rate, within a period of two
months from the date of receipt of a certified copy of this
judgment.
Till such time the interim order of this Court dated
27.10.2020 shall continue.
The legal and factual contentions raised by the petitioners
are left open to be raised before the 3 rd respondent, at appropriate
stage.
Sd/-
ANIL K. NARENDRAN
JUDGE
MIN
W.P.(C) No.22794 OF 2020(Y)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPEAL FILED BEFORE THE
2ND RESPONDENT DATED 11.11.2000
EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONBLE
COURT DATED 27.02 2001 IN O.P. NO.
5129/2001.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 24.8.2001.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED
13.05.2020.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
05.10.2020.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 05.01.2021
SUBMITTED BY THE PETITIONER TO EXT.P4
NOTICE
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT
