K. Ammini vs The Thahisldar Ottappalam Taluk
2021 Latest Caselaw 22703 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. 22795 OF 2021
PETITIONER:

          K. AMMINI,
          D/O.(LATE)KATHIYANI AMMA,
          KIZHAKKEPATT HOUSE, VARODE P.O,
          PALAKKAD DISTRICT, PIN-679102.

          BY ADVS.RAVI KRISHNAN
          K.VINAYA


RESPONDENTS:

    1     THE THAHSILDAR OTTAPPALAM TALUK,
          TALUK OFFICE, OTTAPPALAM P.O,
          PALAKKAD DISTRICT-679101.

    2     THE ASSISTANT EXECUTIVE ENGINEER,
          (KANJIRAPUZHA IRRIGATION PROJECT),
          OFFICE OF THE KPIP, PALAKKAD DISTRICT-679503.

    3     SPECIAL TAHSILDAR(LA),
          (KANJIRAPUZHA IRRIGATION PROJECT),
          MANNARKKAD, DISTRICT-678582.

    4     THE DISTRICT SUPERINTENDENT & LAND RECORDS,
          CIVIL STATION, PALAKKAD-678001.

    5     THE VILLAGE OFFICER,
          OTTAPPALAM 1 VILLAGE, OTTAPPALAM TALUK,
          PALAKKAD DISTRICT, PIN-679101.

    6     THE DISTRICT COLLECTOR,
          CIVIL STATION, PALAKKAD DISTRICT, PIN-678001.

          BY ADV.SMT.K.AMMINIKUTTY, SR.GP


     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. 22795 OF 2021
                               -2-

                            JUDGMENT

The petitioner alleges that the acquisition

done by the competent respondent for the purpose

of 'Kanjirapuzha Irrigation Project' was in error,

because it took in her property, which had not

been included in the official notification.

2. The petitioner says that, therefore, the

only option now available before the competent

Authorities is to make necessary adjustments in

the survey and revenue records, so as to render

her title over the property in question, clear and

tenable. She says that she has thus preferred

Ext.P8 application and seeks that same be directed

to be considered by the 6th respondent - District

Collector, within a time frame to be fixed by this

Court.

3. Sri.Ravikrishnan - learned counsel

appearing for the petitioner, further submitted WP(C) NO. 22795 OF 2021

that his client is a 78 year old lady, suffering

from breast cancer and in urgent requirement for

money for treatment, including for surgery and

chemotherapy. He thus prayed that 6th respondent be

directed to consider this case as a special one

and to dispose of Ext.P8 application, within a

period of two weeks, if it is so possible.

4. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that if the

petitioner only requires Ext.P8 to be taken up and

disposed of by the 6th respondent - District

Collector, there does not appear to be any legal

impediment in doing so; however, praying that this

Court may not make any affirmative declarations in

her favour in this judgment and leave it to the

said Authority to take an apposite decision

thereon, as per law.

5. Smt.K.Amminikutty, thereafter, prayed that

the District Collector be granted at least a WP(C) NO. 22795 OF 2021

month's time, since it will require assessment of

germane and relevant documents and materials.

6. When I evaluate the afore submissions, it

is without doubt that, on account of the

petitioner's poor health and advanced age, action

on Ext.P8 will have to be completed by the

District Collector, without any avoidable delay.

Resultantly, I order this writ petition and

direct the 6th respondent - District Collector, to

take up Ext.P8 application of the petitioner and

dispose of the same, after affording her or her

authorized representative an opportunity of being

heard; thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not

later than one month from the date of receipt of a

copy of this judgment.

I direct the District Collector to treat the

afore directions as being peremptory and not to WP(C) NO. 22795 OF 2021

seek any further extension of time; and for the

purpose of expeditious compliance of the afore

directions, I order the petitioner or her

authorized representative to mark appearance

before the said Authority at 11 A.M. on

24.11.2021; on which day, said Authority will hear

the person, or fix another date for hearing, but

complete the proceedings within the afore time

frame.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 22795 OF 2021

APPENDIX OF WP(C) 22795/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE OTTAPPALAM MUNICIPALITY DATED 16.10.2007, OF KARTHIYANI AMMA.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.1.2021 ALONG WITH TYPED COPY

EXHIBIT P3 A TRUE COPY OF THE PURCHASE CERTIFICATE DATED 16.7.1976

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 10.05.1984 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE SURVEY SKETCH DATED 7.1.2013 PREPARED BY THE TALUK SURVEYOR

EXHIBIT P6 A TRUE COPY OF THE NOC DATED 29/12/2014 ISSUED BY EXE: ENGINEER KANJIRAPPUZHA

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 25/8/2015 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 2.2.2019 BEFORE THE DISTRICT COLLECTOR BY THE PETITIONER

EXHIBIT P9 A TRUE COPY OF THE RECEIPT OF THE REPRESENTATION ISSUED BY THE COLLECTORATE.

EXHIBIT P10 A TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER DATED 14.9.2021 ISSUED BY REGIONAL CANCER CENTRE, TRIVANDRUM.

EXHIBIT P11 A TRUE COPY OF THE CHEMO CHART OF THE PETITIONER DATED 17.9.2021 ISSUED BY THE COCHIN CANCER RESEARCH CENTRE.