Kerala High Court
Kuthirummal Janardhanan vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 23628 OF 2021
PETITIONER:
KUTHIRUMMAL JANARDHANAN
S/O. AMBU, KUTHIRUMMAL HOUSE, VELICHAMTHODU, ARAVANCHAL P.O,
KANNUR DISTRICT.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE ROAD, THAVAKKARA, KANNUR, KERALA - 670002.
3 THE DEPUTY COLLECTOR(LR),
TALUK OFFICE, KANNUR - 670002.
4 VILLAGE OFFICER,
ALAPADAMBU VILLAGE OFFICE, KANNUR DISTRICT - 670521.
SMT. SURYA BINOY- SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C)No. 23628 of 2021
JUDGMENT
Dated this the 19th day of November, 2021.
The petitioner has approached this Court with a
singular plea that Ext.P5 application of his, be
directed to be considered by the 3 rd respondent -
Deputy Collector (LR), within a time frame to be
fixed by this Court.
2. Though the afore plea was not opposed by
the learned Senior Government Pleader - Smt.Surya
Binoy, she added that, as is evident from Ext.P4, the
Deputy Collector (LR) has already found that
petitioner has conveyed certain portions of his
property to a person by name - Sri.Mani; and
therefore, that when Ext.P5 is disposed of, the said
W.P.(C)No. 23628 of 2021
person may also be allowed to be given an
opportunity of being heard. She then further
explained that the property in question appears to
have been originally assigned to the afore said
Sri.Mani, who was a member of a Schedule
Caste/Schedule Tribe Community and that it is from
him that the petitioner is stated to have obtained
assignment and possession over the same.
3. In reply, Sri.Praveen Harikumar, learned
counsel appearing for the petitioner, submitted that
his client has obtained a Purchase Certificate over
the property in question and that he will be able to
convince the 3rd respondent about his title and
ownership without any impediment.
4. When I consider the afore submissions, it is
without doubt that this Court cannot direct the 3 rd
W.P.(C)No. 23628 of 2021
respondent to decide Ext.P5, in any particular
manner. He is, therefore, at full liberty to deal with
the same as he may deem fit in law, including after
giving necessary opportunity of being heard to any
person who is interested in the property.
5. It is needless to say that, while completing
the afore exercise, the 3rd respondent will have
competence to obtain necessary reports or inputs
from any other Authority concerned, including the
Tahsildar (LR).
Resultantly, with the afore clarification, I order
this writ petition and direct the 3 rd respondent -
Deputy Collector, to take up Ext.P5 application of the
petitioner and dispose of the same, after affording
him, the aforementioned Sri.Mani or any other
person who may be interested in the property, an
W.P.(C)No. 23628 of 2021
opportunity of being heard; thus culminating in an
appropriate order and necessary action thereon, as
expeditiously as is possible, but not later than two
months from the date of receipt of a copy of this
judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/22.11.2021.
W.P.(C)No. 23628 of 2021
APPENDIX OF WP(C) 23628/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OFFER OF ASSIGNMENT
NO. B2-8048/95 DATED 5/99.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
4.10.2016 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT COLLECTOR.
Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 26.09.2016.
Exhibit P4 TRUE COPY OF THE COMMUNICATION NO. B8-
19431/2016/L.DIS DATED 29.01.2018
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
13.09.2021 SUBMITTED BEFORE THE
DISTRICT COLLECTOR WITH POSTAL
RECEIPT.
