K.M.Abdul Rehman vs The Sub Collector
2021 Latest Caselaw 14927 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                        WP(C) NO. 19942 OF 2016
PETITIONER:

          K.M.ABDUL REHMAN
          AGED 67 YEARS
          S/O.MARAKKAR, AGED 67 YEARS, THEKKEPURATH HOUSE, B-
          1020, SATELLITE TOWNSHIP, PADAMUGHAL, PALACHUVADU,
          KAKKANAD WEST PO, ERNAKULAM 682 030.

          BY ADV SRI.C.J.JOY



RESPONDENTS:

    1     THE SUB COLLECTOR
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN 692 002.

    2     THE TAHSILDAR
          KANAYANNUR, KANAYANNUR TALUK OFFICE, ERNAKULAM, PIN 682
          035.

    3     THE VILLAGE OFFICER, VAZHAKKALA VILLAGE
          VAZHAKKALA P.O, ERNAKULAM DISTRICT.

    4     SHUKKOOR
          S/O.MUHAMMAD, PALLIPARAMBIL ERAKKATHIL HOUSE,
          PADAMUGHAL, VAZHAKKALA P.O, ERNAKULAM DISTRICT, PIN 682
          030.

          BY ADV. SMT.K.P.SANTHI

                     SMT.SHEEJA C.S, GOVERNMENT PLEADER




     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. 19942/2016
                                             2

                 P.V.KUNHIKRISHNAN, J
           -------------------------------
               W.P.(C)No.19942 of 2016
          --------------------------------
          Dated this the 15th day of July 2021

                                  JUDGMENT

The above writ petition is filed with the

following prayers:

"i)Issue a writ of mandamus, commanding the 1st Respondent to dispose of Ext.P12 Revision Petition on merits after hearing the petitioner within a reasonable time;

ii)Issue a writ of mandamus directing Respondents 1 to 3 not to assign the land covered by Ext.P1 to any person other than the petitioner till the disposal of Ext.P12 Revision Petition;

iii)Declare that the land under the possession and enjoyment of the petitioner on the strength of Ext.P1 and decided to be assigned to him for the beneficial enjoyment of his land covered by Ext.P2 vide Exts.P3 to P11 is not liable to be assigned to any other person including the 4th Respondent under the beneficial enjoyment such other scheme; and

iv)Issue appropriate writ, orders or direction as this Hon'ble Court may deem just, fit or proper to grant in the facts and circumstances of the case and in the interest of justice."

2. When this Writ petition came up for

consideration, the learned counsel for the WP(C) NO. 19942/2016

petitioner limited his prayer for a disposal of

Ext.P12. Hence, when this case came up for

consideration on 08.07.2021, this Court directed

the learned Government Pleader to get instruction

to find out whether Ext.P12 is pending or not. The

learned Government Pleader after getting telephonic

instruction, submitted that the office was not able

to locate the file. When the petitioner submitted

that Ext.P12 is not disposed even now, this writ

petition can be disposed with a direction to the

revisional authority to dispose Ext.P12 within a

time limit. The petitioner also can be directed to

produce a copy of the writ petition with exhibits

before the authorities concerned.

Therefore, this Writ petition is disposed in

the following manner:

(i) The 1st respondent is directed to consider

Ext.P12 and pass appropriate orders in it, after

giving an opportunity of hearing to the petitioner

as expeditiously as possible, at any rate, within

three months from the date of receipt of a copy of WP(C) NO. 19942/2016

this judgment.

(ii) The petitioner will produce a copy of the

writ petition with exhibits before the 1st

respondent.

(iii) All the contentions of the petitioner

and all other affected parties in the writ petition

are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 19942/2016

APPENDIX OF WP(C) 19942/2016

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DOCUMENT DATED 4.2.1987 BY WHICH PETITIONER PURCHASED POSSESSORY RIGHTS OVER 3 CENTS OF LAND FROM ONE BASHEER.

EXHIBIT P2 TRUE COPY OF SALE DEED NO. 281/2009 DATED 18.2.2009 OF THRIKKAKKARA SUB REGISTRY.

EXHIBIT P3 TRUE COPY OF REPORT DATED 21.12.2008 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 1.1.2009 OF THE TALUK LAND ASSIGNMENT COMMITTEE.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 20.1.2009 PUBLISHED UNDER SECTION 12(1) OF THE KERALA LAND ASSIGNMENT ACT.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 13.3.2009 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 20.8.2010 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPORT DATED 7.4.2012 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 10.8.2010 ISSUED BY THE 2ND RESPONDENT TO SULAIMAN, FATHER OF 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 25.2.2011 SUBMITTED BY THE WIFE AND CHILDREN OF SULAIMAN TO THE 2ND RESPONDENT.

WP(C) NO. 19942/2016

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 3.3.2015 ISSUED BY THE 2ND R ESPONDENT TO THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE REVISION PETITION DATED 18.1.2016 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE OREDER DATED 12.8.1985 OF THE REGIONAL ENGINEER, HOUSING BOARD, KOCHI.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE