Kerala High Court
J.Ulahanna vs Chairman on 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
WP(C) NO. 15016 OF 2011
PETITIONER:
J.ULAHANNAN, S/O OUSEPH, AGED 91 YEARS,
ARIMATTAM,VAYALIL HOUSE,VELLIODE DESOM,VILANGAD PO,
VATAKARA TALUK,KIZHIKODE DISTRICT.
BY ADVS.
SRI.K.V.PAVITHRAN
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
RESPONDENTS:
1 CHAIRMAN, TALUK LAND BOARD, VATAKARA
AND DEPUTY COLLECTOT (LR),KOZHIKODE DISTRICT,
COLLECTORATE,CALICUT -20.
2 TAHSILDAR, VATAKARA, PO VATAKARA, PIN-673 020.
3 DISTRICT COLLECTOR KOZHIKODE, PIN-673001.
4 STATE OF KERALA, REPRESENTED BY PRINCIPAL
SECRETARY,REVENUE DEPARTMENT,THIRUVANANTHAPURAM,
PIN-695 001.
5 SECRETARY.LAND BOARD
THIRUVANANTHAPURAM, PIN-695 001.
ADV.SMT.MABLE.C.KURIAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15016/2011
2
P.V.KUNHIKRISHNAN, J
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W.P.(C)No.15016 of 2011
--------------------------------
Dated this the 14th day of July 2021
JUDGMENT
The above writ petition is filed with the
following prayers;
i)Issue a writ of mandamus, directing the 1st
respondent to do the needful and restore the 13.22
acres of land in R.S.No.188/1A1 belonging to the
petitioner with in a time frame.
ii)Issue writ of mandamus directing the 2nd
respondent to issue necessary orders to the,
Village Officer, Vilangad to receive land tax with
arrears, from the petitioner.
iii)Issue any order or direction as this Hon'ble
Court deem fit in the circumstances of the case.
2. When this Writ petition came up for
consideration on 17.08.2011, this Court passed the
following order;
"Complaint of the petitioner is despite the Hon'ble
Supreme Court's order directing to restore 13.22
acres of land in Sy.No.188/1A1 of Vilangad Village,
Vatakara Taluk, the property has not been restored
so far.
2. Referring to Ext.P9 the counsel submits
that the 3rd respondent has already directed the 2nd
WP(C) NO. 15016/2011
respondent to implement the Hon'ble Supreme Court's
order. In that view of the matter I direct that
the petitioner will produce a copy of this order
before the 2nd respondent who shall carry out the
directions of the Hon'ble Supreme Court and Ext.P9,
within four weeks from today or else he shall file
a report before this court explaining why the delay
has been caused."
3. The learned Government Pleader produced
Annexure-I compliance order of the Taluk Land
Board, Vatakara, in which it is stated that the
above order is complied.
In the light of the above compliance report
produced as Annexure-I, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 15016/2011
APPENDIX OF WP(C) 15016/2010
PETITIONER'S EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE PROCEEDINGS DATED
23.04.1982 OF FIRST RESPONDENT (LAND
BOARD).
EXHIBIT-P2 TRUE COPY OF THE FINAL ORDER OF THE 1ST
RESPONDENT.
EXHIBIT-P3 TRUE COPY OF JUDGMENT IN R.P.NO.193/1997.
EXHIBIT-P4 TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT IN CIVIL APPEALNO.4526/2006.
EXHIBIT-P5 TRUE COPY OF THE LETTERS SENT TO THE
RESPONDENT.
EXHIBIT-P5(A) TRUE COPY OF THE LETTERS SENT TO THE
RESPONDENT.
EXHIBIT-P5(B) TRUE COPY OF THE LETTERS SENT TO THE
RESPONDENT.
EXHIBIT-P5(C) TRUE COPY OF THE LETTERS SENT TO THE
RESPONDENT.
EXHIBIT-P5(D) TRUE COPY OF THE LETTERS SENT TO THE
RESPONDENT.
EXHIBIT-P6 SERIES TRUE COPIES OF THE POSTAL
ACKNOWLEDGEMENTS.
EXHIBIT-P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
SUPREME COURT DATED 08.03.2011.
EXHIBIT-P8 TRUE COPY OF THE LETTER DATED 14.03.2011
BEFORE THE 1ST RESPONDENT.
EXHIBIT-P9 TRUE COPY OF LETTER DATED 19.04.2011
WP(C) NO. 15016/2011
RESPONDENTS EXHIBITS:
ANNEXURE - I A TRUE COPY OF THE ORDER DATED 03.10.2011.
//TRUE COPY//
PA TO JUDGE
