Sivaraman vs The Additional Tahsildar ...
2021 Latest Caselaw 12502 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE SMT. JUSTICE P.V.ASHA
      THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
                         WP(C) NO. 5240 OF 2021
PETITIONER:


     SIVARAMAN
     S/O. CHAMI, AGED 63 YEARS, PULINKAVU HOUSE,
1.
     VANDITHAVALAM, PATTANCHERRY,
     CHITTUR TALUK, PALAKKAD DISTRICT.

     BY ADVS RAJESH SIVARAMANKUTTY
     ANTONY K.V
     ARUL MURALIDHARAN




RESPONDENTS:


     THE ADDITIONAL TAHSILDAR (RE-SURVEY),
1.   OFFICE OF THE ADDITIONAL TAHSILDAR, CHITTUR,
     PALAKKAD DISTRICT-678101.

     RAJESH,
2.   S/O. CHENTHAMARAKSHAN, AGED 46 YEARS, PULINKAVU,
     PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT-678532.



OTHER PRESENT:
     SMT.VINITHA.B, GP



THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.5240 of 2021

                                           2




                            P.V.ASHA J.
                ------------------------------------
                        W.P.(C).No.5240 of 2021
                ------------------------------------
                    Dated this the 20th day of May, 2021

                                 J U D G M E N T

Petitioner is aggrieved by the inaction on the part of

the first respondent on Ext.P1 application which is stated to

have been submitted on 15.02.2021. According to the petitioner

certain correction have been carried out in the FMB and BTR

records relating to property in Re-survey No.484/8, 9, 11, 12

in Block 48 of Pattancherry Village, which is dedicated to

Pulinkavu Mariyammankovil. According to the petitioner the

corrections have been carried out in the records at the

instance of the second respondent. Petitioner seeks

expeditious disposal of Ext.P1 application.

2. I heard the learned Government Pleader also.

3. Learned Government Pleader points out that the first

respondent is not functioning as Land Tribunal continuously

and that as per the judgment dated 14.03.2018 in W.P.

(C).No.28398 of 2017, the period fixed by the Court for W.P.(C).No.5240 of 2021

disposal of such applications is five months, in the case of

senior citizens.

In view of the direction being issued, I am of the view

that it is not necessary to issue notice to the second

respondent at present. There shall be a direction to the first

respondent to consider Ext.P1 complaint and to take a decision

on it in accordance with law, after affording an opportunity

of hearing to the petitioner as well as the second respondent

and communicate the same as expeditiously as possible, at any

rate, within a period of five months from the date of receipt

of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE AS W.P.(C).No.5240 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 - TRUE COPY OF THE PETITION DATED 15/02/2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 - TRUE COPY OF THE ACKNOWLEDGMENT OF THE RECEIPT OF EXHIBIT P1 BY THE OFFICE OF 1ST RESPONDENT.