Citation : 2021 Latest Caselaw 13233 Ker
Judgement Date : 24 June, 2021
WP(C) NO. 9464 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
WP(C) NO. 9464 OF 2021
PETITIONERS:
1 NARAYANAN R.
SHEEJA NIVAS, THURAVOOR P.O.,
ALAPPUZHA DIST. - 688 532.
2 REMANI N.T.
SHEELA NIVAS, THURAVOOR P.O.,
ALAPPUZHA DIST. - 688 532.
BY ADVS.
T.R.JAGADEESH
SRI.B.RATHEESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE
SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY COLLECTOR (LR)
LAND TRIBUNAL, COLLECTORATE, CIVIL STATION,
ALAPPUZHA - 688 001.
3 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
THIRUVANANTHAPURAM - 695 003.
4 THE ADMINISTRATIVE OFFICER
THURAVOOR DEVASWOM, THURAVOOR P.O.,
ALAPPUZHA DISTRICT - 688 532.
5 THE VILLAGE OFFICER
THURAVOOR VILLAGE, THURAVOOR P.O.,
ALAPPUZHA DISTRICT - 688 532.
R3-BY ADV SRI.G.SANTHOSH KUMAR, SC
SMT A.C.VIDYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9464 OF 2021 2
JUDGMENT
Being aggrieved by the delay in finalising the suo moto proceedings
initiated by the 2nd respondent for assignment 02.02 Ares of Land in Sy. No.
154/15 of Thuravoor South Village possessed by the petitioners, they have
approached this Court seeking directions.
2. I have heard Sri.T.R.Jagadeesh, the learned counsel appearing for
the petitioners, Sri.Santhosh Kumar G, the learned Standing Counsel appearing
for respondent Nos.3 and 4 and the learned Government Pleader.
3. The learned Standing Counsel appearing for the 3rd respondent
submitted that the Dewaswom has no objection in directing the 2nd
respondent to finalise the proceedings in an expeditious manner, however,
their only request is that the Devaswom shall also be heard. This course of
action is not opposed to by either the petitioners or the learned Government
Pleader.
4. I have considered the submissions advanced.
In that view of the matter, there will be a direction to the 2nd
respondent to finalise the proceedings in S.M.No.10/2019 for assignment of
land and issuance of purchase certificate to the petitioners, with notice to the
3rd and 4th respondents, strictly in tune with the directions issued in
Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and
another [Judgment dated 14.03.2018 in W.P.(C) No.28398 of 2017 and
connected cases]
The writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru
APPENDIX OF WP(C) 9464/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF SALE DEED NO.3274/1979.
EXHIBIT P2 TRUE COPY OF NOTICE DATED 4/1/2021.
EXHIBIT P3 TRUE COPY OF REPORT NO.2400 DATED 17/12/2007.
EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 6/1/2010 IN WPC NO.26504/2009.
RESPONDENTS' EXHIBITS:
NIL
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