Palaniswami vs The State Of Kerala
2021 Latest Caselaw 8481 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.3801 OF 2019(A)


PETITIONER:

               PALANISWAMI,
               AGED 71 YEARS
               S/O.SANKARALINGAM, RESIDING IN SHALAMALAI DIVISION,
               PERIYARRAI ESTATE, K D H VILLAGE, DEVIKULAM P.O.,
               DEVIKULAM TALUK, IDUKKI-685613.

               BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS:

      1        THE STATE OF KERALA,
               REP. BY THE SECRETARY TO THE GOVERNMENT,
               REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        DISTRICT COLLECTOR,
               COLLECTORATE, PAINAVU, IDUKKI-685603.

      3        THE TALUK TAHSILDAR,
               DEVIKULAM TALUK OFFICE, DEVIKULAM P.O.,
               IDUKKI-685613.

      4        THE VILLAGE OFFICER,
               K D H VILLAGE OFFICE, DEVIKULAM P.O.,
               IDUKKI-685613.

               R1-4 BY SRI MOHAMMED ANZAR K.J, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3801 OF 2019(A)            2




                                JUDGMENT

The petitioner states that he is a member of the scheduled caste

community and is a handicapped person. He states that he is in possession

of property having an extent of 1.21 Ares falling in Survey No.172/part of

KDH Village. He states that he has remitted basic tax and relies on Exhibit

P2 tax receipt which was issued on 19.8.1982. There arose disputes

between the petitioner and Tata Tea Limited in relation to the subject

property which led to the institution of O.S. No.261/1986 on the file of the

Munsiff Court, Devikulam. The said case was decided against the petitioner

and the same was confirmed by this Court ultimately in SA No.791 of 1999

dated 23.11.2018. He states that the land is now not part of Tata Tea

Limited and is categorised as Government puramboke land and therefore the

judgment passed against him has lost its significance. He states that he has

filed Exhibit P4 application under the Land Assignment Act and the Rules

framed thereunder. The solitary prayer of the petitioner is for an expeditious

consideration of Exhibit P4 application and take a decision in an expeditious

manner.

2. A statement has been filed by the 3rd respondent as directed by

this Court. It is stated that the property possessed by the petitioner is

Government Puramboke, which was acquired from Kannan Devan Hills

Plantation Company by the Kerala Government by order dated 23.3.1974.

The petitioner was awarded with 1.2 cents of Sarkar Puramboke in the form

of lease for a period of three years from 29.1.1982. Though the tenure of

lease expired on 28.1.1995, the petitioner has been clinging on to the said

premise. The petitioner has submitted an application for renewal of the

lease agreement before the District Collector and the same is pending. It is

further stated that the property possessed by the petitioner would be

required for widening of Munnar - Udumalai State Highway and in that view

of the matter, confirmation from PWD is also required while considering the

proposal for renewal of said lease agreement.

3. I have heard Sri.Sreekumar Chelur, the learned counsel

appearing for the petitioner as well as Sri.Mohammed Anzar, the learned

Special Government Pleader for Revenue.

4. It appears from the submissions that Ext.P4 application for

assignment is pending before the 2nd respondent. The limited prayer of the

petitioner is for a direction to take a decision on the same in accordance

with the provisions of the Land Assignment Act and the Rules framed

thereunder. The learned Government Pleader has submitted that there is no

impediment in considering the said request.

5. Having considered the facts and circumstances and the

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

the 2nd respondent to take up Exhibit-P4 application and take a decision

with notice to the petitioner, expeditiously, at any rate, within a period of

three months from the date of receipt of a copy of this judgment. Until

orders are passed on Exhibit-P4, the petitioner shall not be dispossessed

from the property, which is the subject matter of Ext.P4.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPHS PRODUCED BY THE PETITIONER DATED NIL.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE OFFICE DATED 19.8.82.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DELIVERED IN S.A.NO.791 OF 99 DATED 23.11.2018 BY THIS HON'BLE COURT.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 14.3.2013.

EXHIBIT P5 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 18.12.2012.

EXHIBIT P6 A TRUE COPY OF THE PUBLISHED LIST OF THE PROPERTIES AND OTHER DETAILS BY THE REVENUE DEPARTMENT DATED NIL.

EXHIBIT P7 A TRUE COPY OF THE SKETCH PREPARED AT THE INSTANCE OF THE REVENUE DEPARTMENT DATED NIL.

EXHIBIT P8 A TRUE COPY OF THE MAHASSOR PREPARED BY THE VILLAGE OFFICER, KDH VILLAGE DATED 7.5.2013.

EXHIBIT P9 A TRUE COPY OF THE PLAINT IN O.S.NO.234 OF 2018 DATED 18.09.2018 ON THE FILE OF THE MUNSIFF COURT, DEVIKULAM.

EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION BY THE TALUK OFFICE, DEVIKULAM DATED 15.6.2016.

EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION BY THE DEPUTY TAHSILDAR DATED 13.1.2014.

EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION BY THE VILLAGE OFFICER, K D H VILLAGE DATED 8.5.06.

EXHIBIT P13 A TRUE COPY OF THE COMMUNICATION BY THE TALUK SURVEYOR, DEVIKULAM DATED 10.5.2010.

EXHIBIT P14 A TRUE COPY OF THE RECEIPTS ISSUED BY THE MUNNAR GRAMA PANCHAYATH DATED 15.4.2016.

EXHIBIT P15 A TRUE COPY OF THE RECEIPT ISSUED BY THE MUNNAR GRAMA PANCHAYATH DATED 4.5.2018.

EXHIBIT P16 A TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED DATED 28.7.2018.

EXHIBIT P17 A TRUE COPY OF THE COMMUNICATION BY THE TAHSILDAR, DEVIKULAM DATED 16.8.2013.

EXHIBIT P18 A TRUE COPY OF THE COMMUNICATION BY THE DEPUTY TAHSILDAR DATED 21.5.2013.

EXHIBIT P19 A TRUE COPY OF THE COMMUNICATION BY THE DEPUTY TAHSILDAR DATED 4.12.2013.

EXHIBIT P20 A TRUE COPY OF THE COMMUNICATION BY THE DEPUTY TAHSILDAR, DATED 30.4.2013.

RESPONDENTS' EXHIBITS:

NIL