Malini Dasasn vs The District Collector
2021 Latest Caselaw 22683 Ker

               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. 24842 OF 2021
PETITIONER:

          MALINI DASAN, AGED 65 YEARS, W/O DASAN,
          PANIKKASSERYPARAMBIL HOUSE, MURIKKUMPADOM,
          AZHEEKKAL.P.O, PIN-682508.

          BY ADV DENIZEN KOMATH



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANADU,
          ERNAKULAM, PIN-682030.

    2     THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, KERALA, PIN-682001.

    3     THE TAHSILDAR, TALUK OFFICE, KERALA,
          KOCHI, PIN-682011.

    4     THE VILLAGE OFFICER, PUTHUVYPPU VILLAGE,
          OCHANTHURUTH, P.O. KOCHI, PIN-682508.

          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:
 WP(C) NO. 24842 OF 2021
                                   2


                                JUDGMENT

The petitioner says that she is the owner in possession

of 24 Ares of property, comprised of in Sy.No.174/3 and

177/1 of the Puthuvypu Village and that she had acquired

the same as per document bearing No.57/1980 of the

Njarakkal SRO. She says that on account of financial

constraints, she approached a Co-operative Society for a

loan and that during the verification of documents for such

purpose, it was found that there is an anomaly in the Fair

Value Notification with respect to her property.

2. The petitioner explains that even though Ext.P3

would indubitably establish that she is in possession and

ownership of the property comprised of in Re.Sy.No.177/1, in

the Fair Value Notification, it has been shown as a

"Government property" and no value has been determined

therein. She says that she, therefore, preferred Ext.P7

application for rectification of the Fair Value Register before

the second respondent - RDO, but that no action has been

taken thereon until now; thus constraining her to approach

this Court through this writ petition. WP(C) NO. 24842 OF 2021

3. Smt.Surya Binoy, learned Senior Government

Pleader, submitted that if the petitioner only requires Ext.P7

to be taken up and disposed of by the second respondent -

RDO, there does not appear to be any legal impediment in

doing so; but prayed that this Court may not make any

affirmative declarations as to the entitlement of the

petitioner to any relief and leave it to the competent

Authority to take a decision on it in terms of law. She,

however, added that since the Fair Value Notification shows

the property to be a Government land, necessary action can

be taken by the RDO only after verifying all the documents

of the petitioner and other Revenue Records, including after

conducting enquiry through the competent revenue officials.

4. Taking note of the afore submissions, I order this

writ petition and direct the second respondent to take up

Ext.P7 application of the petitioner and dispose of the same,

after making all necessary enquiries and after obtaining all

applicable and relevant inputs from the competent statutory

Authorities; thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not later than

two months from the date of receipt of a copy of this WP(C) NO. 24842 OF 2021

judgment.

Needless to say, while the afore exercise is completed,

the petitioner will also be offered an opportunity of being

heard and she will be notified appropriately for this

purpose.

Sd//- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 24842 OF 2021

APPENDIX OF WP(C) 24842/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE DOCUMENT NO.57/80 OF SRO NJARAKKAL.

Exhibit P2 TRUE PHOTOCOPY OF THE BASIC LAND TAX PAID BY THE PETITIONER, DATED 1/7/21.

Exhibit P3 TRUE PHOTOCOPY OF THE POSSESSION AND NON-

ATTACHMENT CERTIFICATE DATED 7/9/21.

Exhibit P4 TRUE PHOTOCOPY OF THE LOCATION SKETCH.

Exhibit P5 TRUE PHOTOCOPY OF THE FAIR VALUE EXTRACT OF THE PROPERTY EXISTING IN RE-SURVEY NO.174/3.

Exhibit P6 TRUE PHOTOCOPY OF THE FAIR VALUE EXTRACT OF THE PROPERTY EXISTING IN RE-SURVEY NO.177/1.

Exhibit P7 TRUE PHOTOCOPY OF THE REQUEST FOR CONSIDERATION OF PROPERTY EXISTING IN RE- SURVEY NO.177/1 OF 4TH RESPONDENT VILLAGE AND TO INCLUDE FAIR VALUE FOR THE SAME.

Exhibit P8 TRUE PHOTOCOPY OF THE LETTER ISSUED FROM THE CO-OPERATIVE SOCIETY TO THE PETITIONER.