Divakaran Nair vs State Of Kerala
2021 Latest Caselaw 14893 Ker

WP(C) NO. 14062 OF 2021               1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943

                            WP(C) NO. 14062 OF 2021

PETITIONER/S:

             DIVAKARAN NAIR, AGED 68 YEARS, S/O CHELLAPPAN PILLAI, DIVYA,
             S.R.A.8,SANTHI NAGAR,SREEKARIYAM.P.O, THIRUVANANTHAPURAM-
             695017.

             BY ADVS.
             V.G.ARUN (K/795/2004)
             V.JAYA RAGI
             NEERAJ NARAYAN
             R.HARIKRISHNAN (KAMBISSERIL)


RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY PRINCIPAL SECRETARY REVENUE, DEPARTMENT OF
             REVENUE, ROOM NO.201A,
             FIRST FLOOR-MAIN BLOCK, SECRETARIAT,
             THIRUVANANTHAPURAM-695001.

     2       THE DISTRICT COLLECTOR,
             THIRUVANANTHAPURAM, SECOND FLOOR-COLLECTORATE, KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM-695043.

     3       THE REVENUE DIVISIONAL OFFICER,
             THIRUVANANTHAPURAM.
             FIRST FLOOR-COLLECTORATE,
             KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695043.

     4       THE THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
             LAND ASSIGNMENT COMMITTEE, REPRESENTED BY THE REVENUE
             DIVISIONAL OFFICER,
             CONVENOR OF MUNICIPAL CORPORATION LAND ASSIGNMENT COMMITTEE,
             FIRST FLOOR-COLLECTORATE, KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM-695043.

     5       DIRECTOR OF FISHERIES,
             VIKAS BHAVAN, THIRUVANANTHAPURAM-33.

             SMT A C VIDHYA, GP


      THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14062 OF 2021              2




                                  JUDGMENT

The petitioner states that seeking assignment for beneficial enjoyment

of about 0.75 cents of Government puramboke lying in Re-Sy.No.58 of

Vanchiyoor Village, which is being used by the petitioner for ingress and

egress into the property of the petitioner lying in Sy. No. 56 of the same

village, the petitioner filed Ext.P7 application for assignment invoking the

provisions of the Land Assignment Rules, 1964 and the provisions of

Assignment of Land within Municipal and Corporation Areas Rules. The

petitioner contends that the property comprised in Sy. No. 56 of Vanchiyoor

village was originally assigned to the predecessor in interest of the petitioner

and as the said property is landlocked, the only access that he has is through

the Government land lying in Re-Sy.No.58 of Vanchiyoor village. The

petitioner states that he is entitled to get the land assigned as it is for the

purpose of providing an approach road and hence, for the beneficial

enjoyment of his registered land. The petitioner contends that a report was

called for from the Village Officer and Ext.P6 report has already been

received. The petitioner contends that while the assignment application is

pending, steps are being taken to allot the property to the Fisheries

Department. In the said circumstances, he has submitted Ext.P8 application

before the 3rd respondent seeking to maintain the status quo. It is in the

afore circumstances that the petitioner has approached this Court seeking the

following reliefs:

(i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No.2&3 to consider and pass orders in the Ext.P7 and P8 applications within a time frame as stipulated by this Hon'ble Court in accordance with law by taking into consideration of Ext.P6 report and to direct the 3rd respondent to maintain status quo with respect to the property that is sought to be assigned in Ext.P7 Assignment Application pending disposal of the same.

2. I have heard Sri.Arun V.G, the learned counsel for the petitioner

and Smt.A.C.Vidhya, the learned Government Pleader.

3. Having regard to the facts and circumstances and the

submissions made across the bar, I am of the view that necessary directions

can be issued to the 3rd respondent to consider ExtS.P7 and P8 applications

and dispose of the same within a time frame.

Resultantly, this writ petition is disposed of directing the 3rd respondent

to conclude the proceedings initiated on the basis of Ext.P7 application filed

by the petitioner, strictly in accordance with law and with notice to the

petitioner expeditiously, in any event, within a period of three months from

the date of production of a copy of this judgment. However, Ext.P8

application for status quo shall be considered at an early date with notice to

the petitioner. Let Ext.P8 be taken up and a decision be taken within a period

of three weeks.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 14062/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 A TRUE COPY OF SALE DEED NO.2549 OF 2002.

Exhibit P2 A TRUE COPY OF SALE DEED NO.2938 OF 2006.

Exhibit P3 THE TRUE COPY OF E-LAND TAX RECEIPT DATED 20.08.2020 ISSUED BY VANCHIYOOR VILLAGE OFFICE.

Exhibit P4 THE TRUE COPY OF THE RESURVEY PLAN PERTAINING TO THE SAID PROPERTIES.

Exhibit P5 THE TRUE COPY OF THE PLAINT IN O.S.NO.730 OF 2017 ON THE FILES OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

Exhibit P6 THE TRUE COPY OF REPORT NO.359/18 DATED 09.04.2018 ISSUED BY THE VILLAGE OFFICER, THIRUVANANTHAPURAM TO TAHASILDAR(LR), THIRUVANANTHAPURAM.

Exhibit P7 THE TRUE COPY OF THE APPLICATION FOR ASSIGNMENT FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.

Exhibit P8 THE TRUE COPY OF THE APPLICATION SEEKING PASSING OF AN ORDER OF STATUS-QUO FILED BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM

Exhibit P9 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE TAPAL DEPARTMENT OF THE OFFICE OF THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM DATED 31.03.2021.

Exhibit P10 THE PHOTOGRAPH OF THE LAND SOUGHT TO BE ASSIGNED BY VIRTUE OF EXT.P7 APPLICATION.

RESPONDENT(S) EXHIBITS : NIL