Madhavi @ Shaniba vs The Special Tahsildar (La)
2021 Latest Caselaw 22460 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 18467 OF 2021
PETITIONER:

          MADHAVI @ SHANIBA, AGED 49 YEARS,
          D/O.CHAKKUTTI C., CHEMBRA HOUSE, MOODAL,
          PAINKANNOOR P.O., KUTTIPPURAM - 679 571,
          MALAPPURAM DISTRICT.

          BY ADV. K.K.MOHAMED RAVUF


RESPONDENTS:

    1     THE SPECIAL TAHSILDAR (LA),
          N.H.17, UNIT 2, OFFICE OF THE SPECIAL TAHSILDAR (LA),
          VALAKKULAM P.O., MALAPPURAM DISTRICT - 676 508.

    2     VALSALA, D/O.CHAKKUTTY, CHEMBRA HOUSE, MOODAL,
          PAINKANNOOR P.O., KUTTIPPURAM - 679 571,
          MALAPPURAM DISTRICT.

    3     LEELA C., W/O.P.T.MANOJ, PULLUVEETTILNHODIYIL HOUSE,
          KAVALAPPARA P.O., KARAKKAD, PALAKKAD DISTRICT,
          PIN - 679 122.

          BY ADV R.SREEHARI
          SMT.RESHMITHA RAMACHANDRAN - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18467 OF 2021
                                     -2-

                              JUDGMENT

The petitioner has approached this Court

seeking a direction to the 1st respondent, to

release 5/7 share of the compensation determined

with respect to the property acquired and for

paying the balance 1/7 each to respondents 2 and

3, within a time frame to be fixed by this Court.

2. The afore request made on behalf of the

petitioner by her learned counsel -

Sri.K.K.Mohamed Ravuf, was not opposed by

Sri.R.Sreehari - learned counsel appearing for

respondents 2 and 3; and, on the contrary, he also

prayed that this writ petition be ordered as

prayed for.

3. The learned Government Pleader -

Smt.Resmitha Ramachandran, submitted that since

the amount has already been determined by the

competent Authority, the only question is WP(C) NO. 18467 OF 2021

regarding its apportionment; and that since the

petitioner and respondents 2 and 3 are now ad

idem, as to the manner in which it has to be done,

there does not appear to be any legal impediment

for the 1st respondent in acceding to the same.

She, however, prayed that this Court may permit

the 1st respondent to verify the documents of the

petitioner and respondents 2 and 3, before taking

a final decision in this regard.

4. In the afore perspective, I direct the

petitioner and respondents 2 and 3 - if they are

so interested - to mark appearance before the 1 st

respondent at 11 A.M. on 18.11.2021; on which day,

the said Authority will either hear them and

examine their documents, or fix another convenient

date for such purpose, and then complete

proceedings with respect to the apportionment and

payment of the eligible amounts to them, as

expeditiously as is possible, but not later than WP(C) NO. 18467 OF 2021

six weeks from the date of receipt of a copy of

this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18467 OF 2021

APPENDIX OF WP(C) 18467/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF CHAKKUTTY C. ISSUED FROM KOZHIKODE CORPORATION.

EXHIBIT P2 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE ISSUED FROM KUTTIPPURAM VILLAGE OFFICE.

EXHIBIT P3 TRUE COPY OF THE POWER OF ATTORNEY DATED 26/2/2021 EXECUTED BY OTHER LEGAL HEIRS IN FAVOUR OF HE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.D.355/2021/TIR/67(57) DATED 24/2/2021 ISSUED BY DEPUTY COLLECTOR, LA(NH), MALAPPURAM.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED NIL FEBRUARY 2021 GIVEN BY THE MOTHER OF THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 1/3/2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE AGREEMENT FOR SALE DATED 29/7/2021 ENTERED INTO BETWEEN THE PETITIONER'S MOTHER WITH THE VENDOR OF THE PROPERTY.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE