K.M. Saseendran Unni vs The District Collector
2021 Latest Caselaw 23118 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

                             WP(C) NO. 22780 OF 2021

PETITIONER:

               K.M. SASEENDRAN UNNI
               AGED 72 YEARS
               S/O MANAKKULAM KUNJAN RAJA, KRISHNA KRIPA, RAJAN COLONY,
               MANNARKKADA, PIN-678682,
               PALAKKAD DISTRICT.

               BY ADVS.
               V.M.KRISHNAKUMAR
               P.R.REENA
               MAYA M.
               P.S.SIDHARTHAN



RESPONDENTS:

     1         THE DISTRICT COLLECTOR
               COLLECTORATE,
               CIVIL STATION,
               PALAKKD, PIN-678001.

     2         TAHASILDAR
               ATTAPPADI TALUK OFFICE, ATTAPPADY TALUK, PALAKKAD, PIN-678581.

     3         VILLAGE OFFICER
               KOTTATHARA VILLAGE OFFICE, KOTTATHARA P.O, PALAKKAD,PIN-678581.


OTHER PRESENT:

               SMT. SURYA BINOY- SR. G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22780 OF 2021

                                      2




                                 JUDGMENT

The petitioner has approached this Court singularly praying that

respondents 2 and 3 be directed to take up and consider Ext.P4

application, in which, he has requested for the issuance of a

Possession Certificate and location sketch for his property covered by

Ext.P3 within a time frame to be fixed by this Court.

2. The learned Senior Government Pleader -

Smt.K.Amminikutty, submitted that there does not appear to be any

legal impediment in considering Ext.P4 application; but prayed that

this Court may not make any affirmative declarations in favour of the

petitioner and leave it to the said Authority to take a decision as per

law.

Taking note of the afore submissions, I order this writ petition

and direct the competent among respondents 2 and 3 to take up

Ext.P4 application of the petitioner and dispose of the same, after

affording an opportunity of being heard to him; 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.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 22780 OF 2021

APPENDIX OF WP(C) 22780/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPROMISE PETITION , IA NO.1208/1989 IN I.A.NO. 1265/1973 IN OS NO.65/56 OS SUB COURT OTTAPPALAM.

Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO.66 AND 67 OF 1974 DATED 07.08.1991.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF A AND B REGISTER MAINTAINED BY THE KOTTATHARA VILLAGE OFFICE.

Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3 DATED 10.08.2021.