Rani vs The District Collector
2021 Latest Caselaw 13273 Ker

WP(C) NO. 12091 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. 12091 OF 2021
PETITIONER:

          RANI
          AGED 61 YEARS
          D/O KANTHASWAMI,1ST DIVISION, SILENVALLEY ESTATE,
          KHD VILLAGE, MUNNAR, IDUKKI DISTRICT,
          PIN - 685 612

          BY ADVS.
          K.V.JAYADEEP MENON
          T.P.RAMESH (THENGUMPILLIL)



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          IDUKKI DISTRICT, COLLECTORATE, IDUKKI, PIN-680 003.

    2     THE TAHSILDAR,(LR),
          DEVIKULAM TALUK, IDUKKI DISTRICT, PIN-685 613.

    3     THE TAHSILDAR,(LA)
          DEVIKULAM TALUK, IDUKKI DISTRICT, PIN-685 613.

    4     THE VILLAGE OFFICER
          KOTTAKAMBUR VILLAGE, DEVIKULAM TALUK, IDUKKI
          DISTRICT, PIN-685 561.

    5     THE SETTLEMENT OFFICER,
          KURINJIMALA SANCTUARY REVENUE COMMISSIONERATE,
          REVENUE COMPLEX, MUSEUM JUNCTION,
          THIRUVANANTHAPURAM DISTRICT, PIN-695 033.
          SMT AMMINI KUTTY, 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. 12091 OF 2021              2

                                  JUDGMENT

The Petitioner states that she is the absolute owner in title and possession

of property having an extent of 93.08 Ares falling in old Survey No.66/1 of the

Kottakambur Village, wherein she is conducting agricultural operations. The said

property was obtained by the petitioner on the strength of Exhibit P1 patta

purchase certificate. The petitioner states that when she approached the 4th

respondent seeking permission to remit tax and clear the outstandings , she was

told that to accede to her request, the property in her possession needs to be

demarcated and its boundaries fixed. In the said circumstances, the petitioner is

stated to have filed an application under Form 8 of the Survey and Boundaries

Rules by remitting the requisite fees as demanded and submitted the required

documents. Exhibit P3 is the notice issued by the 2nd respondent

acknowledging the receipt of the application from the petitioner. Her grievance

is that no action has been taken till date. It is in the afore circumstances that

the petitioner is before this Court seeking a direction to the 2nd respondent to

consider the application submitted by the petitioner which is made mention of in

Exhibit-P3 notice and to finalise the same within a time frame.

2. I have heard Sri.K.V.Jayadeep Menon, the learned counsel

appearing for the petitioner and the learned Government Pleader.

3. I have considered the submissions advanced. Exhibit P3 notice

would reveal that the application dated 4.12.2017 filed by the petitioner under

Form 8 of the Survey and Boundaries Rules is pending before the 2nd

respondent. In that view of the matter, necessary directions can be issued to

finalize the same.

In the result, this writ petition will stand disposed of directing the 2nd

respondent to take up the application submitted by the petitioner referred to in

Ext.P3 and finalize the proceedings, with notice to the petitioner and the

affected parties, if any, expeditiously, at any rate, within a period of three

months from the date of receipt of a copy of this judgment. The petitioner shall

produce a copy of the judgment along with the writ petition before the 2nd

respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 12091/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE PHOTOCOPY OF THE PATTA PURCHASE CERTIFICATE NO.12208 DATED 6.1.1993 ISSUED BY THE SPECIAL TAHASILDAR, DEVIKULAM PROCEEDINGS NO.LA 22/92/KTBR

Exhibit P2 A TRUE PHOTOCOPY OF THE GOVERNMENT ORDER NO GO (MS)NO.69/2015/RD DATED 16.2.2015

Exhibit P3 A TRUE PHOTOCOPY OF THE NOTICE DATED 21.2.2018 ISSUED FROM THE TAHASILDAR, DEVIKULAM

Exhibit P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 11.3.2020 IN WPC NO.7390 OF 2020 OF THIS HONOURABLE COURT

Exhibit P5 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 15.1.2021 IN WPC NO.25349 OF 2020 OF THIS HONOURABLE COURT

RESPONDENTS' EXHIBITS:

NIL