Mathachan vs The District Collector Ernakulam
2021 Latest Caselaw 23478 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 24105 OF 2021
PETITIONER:

          MATHACHAN
          AGED 83 YEARS
          S/O.LATE VARKEY, MANGALY (H), MANJAPRA P.O., KALADY,
          ERNAKULAM - 683 581.

          BY ADVS.
          TERRY V.JAMES
          MATHEWS K. UTHUPPACHAN



RESPONDENTS:

    1     THE DISTRICT COLLECTOR ERNAKULAM
          1ST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM - 682
          030.

    2     THE TAHSILDAR
          ALUVA TALUK, ALUVA TALUK OFFICE, 1ST FLOOR, MINI
          CIVIL STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM - 683
          101.

    3     THE VILLAGE OFFICER
          AYYAMPUZHA VILLAGE OFFICE 9, MANJAPRA, AYYAMPUZHA -
          KALLALA ROAD, AYYAMPUZHA, ERNAKULAM - 683 581.

    4     OFFICE OF THE RE-SURVEY SUPERINTENDENT
          TALUK SURVEY WING, 1ST FLOOR, MINI CIVIL STATION,
          PERIYAR NAGAR, ALUVA, ERNKULAM - 683 101.


OTHER PRESENT:

          SR GP SMT AMMINIKKUTTY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24105 OF 2021             2

                              JUDGMENT

The singular prayer of the petitioner in this

writ petition is that the 2nd respondent be directed

to take up Ext.P2 application of his, preferred on

08.07.2021 and to dispose of the same, within a time

frame to be fixed by this Court.

2. Shri.Terry V.James, learned counsel for the

petitioner, pointed out that, after his client

preferred Ext.P2, the 3rd respondent furnished Ext.P3

report to the 2nd respondent, saying that the

services of the Taluk Surveyor is necessary to be

requisitioned to survey and identify the boundary of

the property in question; but that thereafter no

action has been taken thereon, thus constraining his

client to approach this Court seeking that

proceedings pursuant to Ext.P2 be completed without

any further delay.

3. In response, the learned Senior Government

Pleader, Smt.K.Amminikutty, submitted that if the

petitioner only requires the 2nd respondent to issue

final orders on Ext.P2, resulting in necessary

action thereon, there does not appear to be any

legal impediment in the said Authority doing so; but

prayed that this Court may not make any affirmative

declarations on the entitlement of the petitioner to

any relief and leave it to be decided by the

competent Authority, in terms of law.

4. When I consider the afore submissions, there

can be no doubt that since Ext.P2 is still pending

before the 2nd respondent, it is the said Authority

who will have to issue final orders thereon, taking

into account Ext.P3 report and such other germane

and necessary inputs.

Resultantly, I allow this writ petition and

direct the 2nd respondent to complete proceedings

pursuant to Ext.P2, taking into account Ext.P3 or

any such other relevant and germane inputs and after

affording an opportunity of being heard to the

petitioner; thus resulting in an appropriate order

thereon, as expeditiously as is possible, but not

later than four months from the date of receipt of a

copy of this judgment.

At this time, the learned Senior Government

Pleader submitted that she has a doubt that the

competent Authority to consider Ext.P2 is not the 2 nd

respondent - Tahsildar, but the Tahsildar (Land

Records). If this be so, then the 2 nd respondent will

forward the entire papers related to Ext.P2 to the

competent and jurisdictional Tahsildar (Land

Records) within a period of one week from the date

of receipt of a copy of this judgment and the

directions afore will apply to the said Authority,

who will complete proceedings as ordered above

within the time frame fixed herein.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/25.11

APPENDIX OF WP(C) 24105/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SETTLEMENT DEED NO.1130/1959 EXECUTED BEFORE THE ANGAMALY SRO BY THE PETITIONER'S FATHER.

Exhibit P2 TRUE COPY OF LETTER DATED 8/7/2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT TAHSILDAR.

Exhibit P3 TRUE COPY OF REPORT NO.195/21 DATED 16/8/2021 SENT BY THE 3RD RESPONDENT TO 2ND RESPONDENT.