Jeeva @ Jeevakkani vs The District Collector
2021 Latest Caselaw 13755 Ker

WP(C) NO. 12729 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                    WP(C) NO. 12729 OF 2021
PETITIONER/S:

          JEEVA @ JEEVAKKANI,
          AGED 42 YEARS,
          W/O. RAJU, SAJI NIVAS, HOUSE NO. 3/70, BABU NAGAR,
          MARAYOOR VILLAGE, DEVIKULAM TALUK, IDUKKI 685 620.

          BY ADVS.
          SRI.R.DIVAKARAN
          SRI.BINOI GEORGE (CHERUKARA)



RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          IDUKKI DISTRICT, CIVIL STATION, PAINAVU P.O, IDUKKI
          685 601.

    2     TAHSILDAR,
          DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT
          685 613.

    3     VILLAGE OFFICER
          MARAYOOR VILLAGE, IDUKKI DISTRICT, PIN 685 620.




          SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12729 OF 2021                    2

                                         JUDGMENT

The petitioner states that she is in possession of property having an

extent of about 10 cents comprised in Survey No.277/1 of Marayoor Village.

According to the petitioner, her ancestors were possessing the property for

over 80 years and the Marayoor Grama Panchayat has issued a Building

number for the homestead situated in the said property. Her grandfather as

well as her father had applied for assignment, but the same was not favourably

considered by the respondents. The petitioner in the said circumstances

submitted Exts.P1 and P2 applications before the 2nd respondent. Aggrieved

therein, the petitioner has submitted Ext.P13 representation before the 1st

respondent. It is in the above backdrop that she has approached this Court

seeking the following reliefs:

(i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondent to assign the agricultural land in Survey No.277/1 having an extent of 10 cents as on Registry to the petitioner.

(ii) Issue a writ in the nature of mandamus or any other appropriate writ order or directions, directing the 1st and 2nd respondent to consider the Exhibit P1, P2, P4 and P13 representations.

2. Sri.R. Divakaran, the learned counsel appearing for the petitioner

submits that the limited request of the petitioner is for issuance of direction to

the 1st respondent to take up Ext.P13 representation and take a decision in an

expeditious manner.

3. The learned Government Pleader submits that there is no

impediment in considering Ext.P13 representation submitted by the petitioner

on its merits.

4. Having regard to the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the 1st

respondent to take up Ext.P13 representation, if the same is in order, and pass

appropriate orders strictly in accordance with law, with notice to the petitioner

as well as the affected parties, if any. The orders as directed above shall be

passed expeditiously, at any event, within a period of two months from the

date of production of a copy of this judgment.

5. The petitioner shall produce a copy of the writ petition along

with this judgment before the 1st respondent to ensure compliance.

This writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 12729/2021

PETITIONER EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE APPLICATION TO THE TAHSILDAR, DEVIKULAM DATED 02-07-2008

Exhibit P2 THE TRUE COPY OF THE APPLICATION TO THE TAHSILDAR, DEVIKULAM DATED 27-12-2013

Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE VILALGE OFFICER, MARAYOOR TO THE PETITIONER DATED 15-09-2008

Exhibit P4 THE TRUE COPY OF THE APPLICATION BEFORE THE DISTRICT COLLECTOR, IDUKKI DATED 31- 01-2014

Exhibit P5 THE TRUE COPY OF THE VISITOR'S PASS ISSUED TO THE PETITIONER DATED 31-01-2014

Exhibit P6 THE TRUE COPY OF THE NOTICE NO. B3-7723-

2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30-08-2016

Exhibit P7 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ON 03-10-

Exhibit P8 THE TRUE COPY OF THE CERTIIFICATE ISSUED BY THE SECRETARY OF THE GRAMAPANCHAYATH, MARAYOOR DATED 13-01-2021

Exhibit P9 THE TRUE COPY OF THE RATION CARD OF THE PETITIONER FOR THE PERIOD 2017

Exhibit P10 THE TRUE COPY OF THE ELETION IDENTITY CARD OF THE PETITIONER OF THE YEAR 2015

Exhibit P11 THE TRUE COPY OF THE ADHAR CARD OF THE PETITIONER

Exhibit P12 THE TRUE COPY OF THE APPLICATION TO A RESIDENTIAL HOUSE THROUGH LIFE MISSION PROJECT DATED 16-08-2020

Exhibit P13 THE TRUE COPY OF THE REPRESENTATION BEFORE

THE DISTRICT COLLECTOR ON 20-01-2021

Exhibit P14 THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF EXHIBIT P13

Exhibit P15 THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF THE 2ND RESPONDENT

Exhibit P16 THE TRUE COPY OF THE ACKNOWLEDGMENT CARD OF THE 3RD RESPONDENT

RESPONDENT EXHIBITS: NIL