Mahesan vs The District Collector
2021 Latest Caselaw 15833 Ker

WP(C) NO. 27331 OF 2019      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                    WP(C) NO. 27331 OF 2019
PETITIONER/S:

          MAHESAN,
          AGED 61 YEARS
          S/O.SUKUMARAN, AMBALAVILAYIL VEEDU @ DEEPTHI
          BHAVANAM, EDAKKADU P.O., PORUVAZHI VILLAGE,
          KUNNATHOOR TALUK, KOLLAM.

          BY ADVS.
          J.OM PRAKASH
          SRI.C.X.ANTONY BENEDICT



RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          KOLLAM, CIVIL STATION, KOLLAM- 691013.

    2     THE TAHSILDAR,
          KUNNATHOOR TALUK, KUNNATHOOR TALUK OFFICE,
          MINI CIVIL STATION BUILDING, SASTHAMCOTTA(PO),
          PIN- 690521.

    3     THE ADDL.TAHSILDAR(LAND RECORDS),
          KUNNATHOOR TALUK, KUNNATHOOR TALUK OFFICE,
          MINI CIVIL STATION BUILDING, SASTHAMCOTTA(PO),
          PIN- 690521.

    4     THE VILLAGE OFFICER,
          PORUVAZHI VILLAGE OFFICE, KUNNATHOOR TALUK,
          EDAKKAD P.O.- 691552.

    5     THE ASSISTANT EXECUTIVE ENGINEER (ROADS),
          P.W.D.ROAD SUB DIVISION, KARUNAGAPPILLY,
          KOLLAM- 690518.




          SMT K AMMINIKUTTY, SR GP
 WP(C) NO. 27331 OF 2019      2




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27331 OF 2019              3

                                  JUDGMENT

The petitioner states that as per the terms of a settlement deed

executed in the year 1984 as Deed No. 3577 of 1984, the petitioner is in

possession of 1.35 Ares of property in Re-Sy. No.420/3 of Poruvazhi Village.

He is also in possession of another item of land having an extent of 1.575

cents situated in Sy. No. 217/1 of the same Village. It is contended that

Ext.P1 patta has been issued in favour of the petitioner by order dated

31.11.1993.

2. The petitioner states that the 5th respondent has issued a notice

to the petitioner alleging that the petitioner has trespassed into road

puramboke by constructing buildings in the property covered under Ext.P1.

Immediately thereafter, the petitioner is stated to have approached

respondents 3 and 4 for effecting mutation. He was informed by the 3rd

respondent that the records relating to the land assignment proceedings are

not traceable. In the said circumstances, the petitioner is stated to have filed

application before the 2nd respondent for obtaining the sketch of the property.

It is contended the Ext.P6 mahazar and Ext.P7 sketch was consequently issued

to the petitioner as per his request along with Ext.P5 covering letter. The

documents were produced before respondents 3 and 4 and they were

requested to expedite the steps to mutate the property. Being aggrieved by

the delay in finalizing the same, the petitioner is before this Court seeking the

following reliefs:-

1. to issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 3 & 4 to effect mutation in respect of the property covered by Ext.P1 PATTA and on the basis of Ext.P6 Mahazar and Ext.P7 sketch;

2. to issue a writ of certiorari or other appropriate writ, order or direction, calling for records leading to Ext.P4 notice issued by the 5th respondent and quash the same; and

3. to declare that the petitioner is entitled to get the property covered by Ext.P1 PATTA mutated in his favour in the light of Ext.P3 report submitted by the 5th respondent.

3. When this writ petition was taken up, Sri.J.Omprakash, the

learned counsel appearing for the petitioner submits that he has been given to

understand that the proceedings initiated pursuant to Ext.P2 representation is

in the final stages. His only prayer is for a direction to the respondents 2 and 3

to finalize the same without delay. It is also prayed that only after the

finalization of the proceedings, will the petitioner be able to produce the same

before the 5th respondent to substantiate that the petitioner has not

encroached upon any portion of the road puramboke. It is also submitted that

the rights of the petitioner to challenge proceedings, if any, initiated by the 5th

respondent may be reserved.

4. The learned Government Pleader submits that there is no

impediment in allowing the said request.

5. Having regard to the facts and circumstances and the

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

competent among respondents 2 and 3 to conclude the proceedings initiated

on the basis of Ext.P2 representation and pass appropriate orders with notice

to the petitioner and other affected parties, if any, and take a decision

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

production of a copy of this judgment. The right of the petitioner to challenge

Ext.P4 will stand reserved.

The petitioner shall produce a copy of the writ petition along with this

judgment before the concerned respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 27331/2019

PETITIONER EXHIBITS:

EXHIBIT P1 TRUE COPY OF PATTA NO.LA.329/90 DATED 31.11.1993 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 31.12.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPORT DATED 13.07.2017 OF THE 4TH RESPONDENT SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF NOTICE DATED 24.07.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF LETTER NO.A5.7329/19 DATED 24.09.2019 OF THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF MAHAZAR IN RESPECT OF THE PROPERTY IN SY.NO.217/1 OF PORUVAZHI VILLAGE.

EXHIBIT P7 TRUE COPY OF SKETCH IN RESPECT OF THE PROPERTY IN SY.NO.217/1 OF THE PORUVAZHI VILLAGE.

RESPONDENTS EXHIBITS:NIL