Madathil Velayudhan vs State Of Kerala
2021 Latest Caselaw 13929 Ker

WP(C) NO. 14301 OF 2020       1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                    WP(C) NO. 14301 OF 2020
PETITIONER:

           MADATHIL VELAYUDHAN
           AGED 54 YEARS
           S/O. MADATHIL CHATHAN(LATE)
           MADATHIL HOUSE, P.O PONNUKKARA, CHEMMAMKANDAM,
           PUTHUR VILLAGE, THRISSUR DISTRICT.

           BY ADVS.
           M.SASINDRAN
           SRI.SATHEESHAN ALAKKADAN



RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           DEPARTMENT OF REVENUE, SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001

    2      THE DISTRICT COLLECTOR,
           THRISSUR - 680 003

    3      THE REVENUE DIVISIONAL OFFICER
           REVENUE DIVISIONAL OFFICE, FIRST FLOOR,
           CIVIL STATION, CIVIL LINES RD, AYYANTHOLE,
           THRISSUR - 680 003

    4      THE TAHSILDAR,
           UNIT-1, THRISSUR TALUK,
           THRISSUR DISTRICT - 680 001

    5      KARTHIYAYANI,
           AGED 68 YEARS
           W/O. KIZHAKKUDAN RAJAN, D/O. MADATHIL CHATHAN (L)
           KIZHAKKUDAN HOUSE, P.O PONNUKKARA, CHEMMAMKANDAM,
           PUTHUR VILLAGE, THRISSUR TALUK - 680 306
 WP(C) NO. 14301 OF 2020           2

     6     MADATHIL VINOD,
           AGED 41 YEARS
           S/O. THANKAMANI, GRANDSON OF MADATHIL CHATHAN (L)
           MADATHIL HOUSE, P.O PONNUKKARA, CHEMMAMKANDAM,
           PUTHUR VILLAGE, THRISSUR TALUK 680 306

     7     MADATHIL SHANTHA,
           AGED 58 YEARS
           D/O. MADATHIL CHATHAN (L)
           MADATHIL HOUSE, P.O PUNNUKKARA, CHEMMAMKANDAM,
           PUTHUR VILLAGE, THRISSUR TALUK 680 306

     8     AMMINI,
           AGED 70 YEARS
           W/O. NANDILLATH VELAYUDHAN,
           D/O. MADATHIL CHATHAN (L)
           P.O PALAZHI, PUDUKKAD (VIA), MUKUNDAPURAM TALUK,
           THRISSUR 680 310




           SMT K AMMINIKUTTY, SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14301 OF 2020                 3

                                   JUDGMENT

The grievance of the petitioner in this writ petition is the long delay in

disposing of Ext.P7 appeal filed under Section 17 of the Kerala Land

Assignment (Regularisation of Occupations of Forest Lands Prior to

1.1.1977, Special Rules, 1993). The relief sought for in this writ petition is

for a direction to the 3rd respondent to dispose of Ext.P7 appeal within a

time frame and for a further direction to the respondents 1 to 4 to keep in

abeyance the proceedings for issuance of patta in favour of respondents 5

to 8 till the disposal of the appeal.

2. A statement has been filed by the learned Government Pleader

wherein it is stated that since the request of the petitioner is only for

correcting the mistake regarding the area noted in the patta, the remedy of

the petitioner is to submit an application before the Special Tahsildar, being

the competent authority to correct such mistakes. However, it is submitted

that since Ext.P7 appeal has been filed and the same is pending

consideration of the 3rd respondent, the said authority shall consider the

same and pass appropriate orders in accordance with law.

3. I have heard the learned Senior Government Pleader and Sri.M.

Sasindran, learned counsel appearing for the petitioner and have considered

the submissions.

4. Having considered the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of directing

the 3rd respondent to take up Ext.P7 appeal pending before the said

authority and pass appropriate orders thereon, with notice to the petitioner

and other affected parties, if any, strictly in accordance with law,

expeditiously, in any event, within a period of two months from the date of

production of a copy of this judgment.

Petitioner shall produce a copy of the writ petition along with this

judgment before the 3rd respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 14301/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JOINT VERIFICATION REPORT ISSUED IN FAVOUR OF AYYAKKUTTY THE MOTHER OF THE PETITIOENR FOR AN EXTENT OF 54.5 CENTS IN R.S NO. 21/2 OF PUTHUR VILLAGE, PEECHI RANGE, THRISSUR DISTRICT.

EXHIBIT P2 A TRUE COPY OF THE JOINT VERIFICATION REPORT ISSUED IN FAVOUR OF SANTHA ONE OF THE SISTER OF THE PETITIONER FOR AN EXTENT OF 25 CENTS IN R.S NO. 21/2 OF PUTHUR VILLAGE, PEECHI RANGE, THRISSUR DISTRICT

EXHIBIT P3 A TRUE COPY OF THE JOINT VERIFICATION REPORT ISSUED IN FAVOUR OF VINOD, SON OF THANKKAMANI, THE DECEASED SISTER OF THE PETITIONER FOR AN EXTENT OF 15 CENTS IN R.S NO. 21/2 OF PUTHUR VILLAGE, PEECHI RANGE, THRISSUR DISTRICT

EXHIBIT P4 A TRUE COPY OF THE JOINT VERIFICATION REPORT ISSUED IN FAVOUR OF KARTHIYAYANI ONE OF THE SISTER OF THE PETITIONER FOR AN EXTENT OF 15 CENTS IN R.S NO. 21/2 OF PUTHUR VILLAGE/PEECHI RANGE, THRISSUR DISTRICT.

EXHIBIT P5 A TRUE COPY OF THE DEATH CERTIFICATE OF LATE AYYAKKUTTY

EXHIBIT P6 A TRUE COPY OF THE WILL BEARING NO.

90/III/2011 OF SRO, KUTTANELLUR.

EXHIBIT P7 A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER AND IS PENDING BEFORE THE REVENUE DIVISIONAL OFFICER AS A.A B1-1970 BEFORE THE REVENUE DIVISIONAL OFFICER, THRISSUR

EXHIBIT P8 A TRUE COPY OF THE PLAINT IN O.S NO. 974 OF 2020 ON THE FILES OF MUNSIFF COURT, THRISSUR

EXHIBIT P9 A TRUE COPY OF THE PATTA ISSUED IN FAVOUR OF AYYAKKUTTY

RESPONDENTS EXHIBITS:

EXHIBIT R3A TRUE PHOTOCOPY OF THE LETTER NO.B1-

1970/2020 DATED 4.3.2020.