Balakrishna Shetty vs State Of Kerala, Represented By ...
2021 Latest Caselaw 15467 Ker

WP(C) NO. 11435 OF 2012                      1



                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

              FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943

                              WP(C) NO. 11435 OF 2012

      AGAINST THE ORDER/JUDGMENT IN OS 82/2010 OF ADDITIONAL MUNSIFF,

                                  KASARAGOD, KASARGOD

PETITIONER/S:

               BALAKRISHNA SHETTY
               AGED 86 YEARS
               S/O.PAKKEERA SHETTY, MALLAWARA OF ADHUR VILLAGE, KASARAGOD
               TALUK.

               BY ADVS.
               SMT.SUMATHY DANDAPANI (SR.)
               SRI.MILLU DANDAPANI


RESPONDENT/S:

      1        STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE
               GOVERNMENT
               REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT.

      2        THE TAHSILDAR
               KASARAGOD-671543.

      3        THE VILLAGE OFFICER
               ADHUR VILLAGE, KASARAGOD-671543.

      4        ARAVINDA RAJ
               AGED 71 YEARS, S/O.RAMANA RAI, RESIDING AT PADEGUDDE KUNDALA
               OF ADHUR VILLAGE, KASARAGOD TALUK-671543.
      5        SMT.LATHA
               R.SHETTY, AGED 56 YEARS, W/O. RAMANATHA SHETTY AND
               D/O.RAMANNA RAI, RESIDING AT ADHUR VILLAGE, KASARAGOD TALUK-
               671543.
               BY ADV SRI.T.MADHU


OTHER PRESENT:
            SMT.SHEEJA.C.S., GP


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

23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11435 OF 2012              2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                     W.P.(C.) No.11435 of 2012
                    --------------------------------------
                Dated this the 23rd day of July, 2021


                               JUDGMENT

The above writ petition is filed with the following

prayers :

"i) To issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 2 and 3 to reconstruct and issue certified copy of Land Assignment order and Patta in favour of the petitioner in respect of A Schedule in RS No.90/4 of Adhur Village, Kasaragod Taluk comprised in patta No. 206 forthwith.

ii) Issue an appropriate writ or order declaring that the petitioner is the lawful title holder and in possession of plaint A schedule in RS No.90/4 of Adhur Village, Kasaragod Taluk comprised in Patta No.206 as per the Land Assignment order and patta issued by the 2nd respondent.

iii) Any other appropriate writ, direction or order that this Hon'ble Court deems just and proper in the facts and circumstances of the case.

and

iv) Award costs of this proceedings."

2. According to the petitioner, he is the plaintiff in

O.S. No.82/2010 pending before the Addl.Munsiff Court,

Kasargod, which was filed against respondents 4 and 5 for

recovery of possession of plaint A schedule on the basis of his

title and possession. It is further stated that respondents 4

and 5 filed written statement contending that the petitioner

has no right, title or possession over plaint A schedule. It is

stated in the writ petition that the 2nd respondent had issued

patta and land assignment order in favour of the petitioner in

respect of plaint A schedule in re-survey No.90/4 measuring

4.46 acres of property situated in Adhur Village, Kasargod

Taluk comprised in patta No.206. It is the case of the

petitioner that the land assignment order and patta issued in

favour of the petitioner by the 2nd respondent were

irrecoverably lost and that the petitioner is unable to prove

his title over the property. It is further stated that the

petitioner applied for certified copies of patta and assignment

order as per his application dated 2.5.2011. The petitioner

also filed IA No.1660/2011 in O.S.No.82/2010 before the

Munsiff Court, Kasargod praying for issuance of summons to

the 2nd respondent through District Collector to produce the

entire file. The learned Munsiff satisfied about the prayer and

records were called for. But the 2nd respondent informed the

learned Munsiff as per letter dated 8.11.2011 that the

records are not available in the record room. It is further

stated that as per Rule 22 of the Kerala Land Assignment

Rules, necessary register and documents shall be duly

maintained by the authority in respect of the lands assigned

in each Taluk with the particulars of the assignee and to

conduct periodical check to ensure that the conditions of the

assignment are not violated. The counsel submitted that if

the same is misplaced, it is the duty of the authorities

concerned to reconstruct the same. Hence, this writ petition

is filed with the above prayers.

3. Heard senior counsel, Adv.Dandapani and the

Government Pleader. I also heard the counsel for the

contesting respondent.

4. The senior counsel submitted that he will be

satisfied if a direction is issued to the 2 nd respondent to

reconstruct and issue certified copy of the land assignment

order and patta, in favour of the petitioner in respect of his

property. The Government Pleader submitted that the

documents are not available in records. If that is the case, the

2nd respondent should take steps to reconstruct the same and

should take appropriate steps in that line, in accordance to

law.

Therefore, this writ petition is disposed in the following

manner :

1) The 2nd respondent is directed to reconstruct and issue certified copy of Land Assignment Order and patta in favour of the petitioner in respect of A schedule in re- survey No.90/4 of Adhur Village, Kasargod Taluk comprised in patta No.206, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

2) If the 2nd respondent is not able to reconstruct, the 2nd respondent should conduct an enquiry after hearing the petitioner and other affected parties and pass appropriate orders, in accordance to law during the above period itself.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE PETITION (IA NO.1660/2011 IN OS NO. 82/2010 FILED BY THE PETITIONER UNDER RULE 120 OF THE KERALA CIVIL RULES OF PRACTICE BEFORE THE ADDL.MUNSIFF COURT, KASARAGODE.

EXHIBIT P2 A TRUE COPY OF THE LETTER REF. L6-17210/2011 DATED 8.11.2011 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE LATEST BASIC TAX RECEIPT DATED 25.2.2010 FOR THE YEAR 2010-2011 ISSUED BY ADHUR VILLAGE OFFICER.

EXHIBIT P4 A TRUE COPY OF THE ADANGAL EXTRACT ISSUED BY THE DEPUTY TAHSILDAR, KASARAGODE ALONG WITH ITS ENGLISH TRANSLATION

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 2.3.2012 IN WPC NO. 16640/2011 OF HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE

SKS