Bhanu Chandran vs State Of Kerala
2021 Latest Caselaw 20502 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                   WP(C) NO. 19022 OF 2021
PETITIONERS:

    1     BHANU CHANDRAN
          AGED 53 YEARS
          W/O.CHANDRAN, THAITHARA VEEDU, ERAMALLOOR,
          EZHUPUNNA VILLAGE, CHERTHALA, KERALA.

    2     ARAVINDAN,
          AGED 51 YEARS
          S/O.LATE MATHI SANKARAN, THAITHARA VEEDU,
          ERAMALLOOR, EZHUPUNNA VILLAGE, CHERTHALA, KERALA.

          BY ADVS.
          R.K.PRASANTH
          E.NARAYANAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DISTRICT COLLECTOR,
          OFFICE OF THE DISTRICT COLLECTOR, BESIDE ZILLA
          PANCHAYAT OFFICE, CIVIL STATION WARD, ALAPPUZHA-
          688001.

    3     THE TAHSILDAR,
          OFFICE OF THE TAHSILDAR, POLICE STATION ROAD, NEAR
          MINI CIVIL STATION, CHERTHALA, CHERTHALA TALUK,
          ALAPPUZHA-688524.

    4     THE VILLAGE OFFICER
          EZHUPUNNA VILLAGE, ERAMALLOOR P.O., CHERTHALA-
          688537.

         SRI. ASHWIN SETHUMADHAVAN -SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 19022 OF 2021              2

                                  JUDGMENT

The petitioners, are stated to be the legal

heirs of late Sankaran, who they say, had obtained

"kudikidappu right" over certain extents of property

declared by the competent Land Tribunal in his

favour, as is evident from Ext.P2. They say that,

however, in spite of the fact that they have been in

continuous possession of the property in question

for the last several decades, as is demonstrated by

Exts.P4 to P7, same had not been transferred in

Registry in their names, nor have they been allowed

to remit tax thereon.

2. The petitioners say that, therefore, they

have approached the 2nd respondent with Ext.P8

request, followed by Ext.P11 representation before

the 2nd respondent; and pray that these be directed

to be taken up and disposed of by the competent

Authorities within a time frame to be fixed by this

Court.

3. The afore submissions of Shri.E.Narayanan,

learned counsel for the petitioners, were answered

by the learned Senior Government Pleader -

Shri.Aswin Sethumadhavan, explaining that, on

receipt of the petitioners' applications, the

competent Authority has already called for a survey

of the area, based on the Litho Map, because the

land which the petitioners are claiming, based on

Ext.P2, appear to be in the ownership and possession

of some other persons, who are also paying tax on

it. He submitted that, if this Court is so inclined,

2nd respondent will take a final decision on Exts.P8

and P11, after obtaining the survey sketch and

report, without any avoidable delay and after

hearing the petitioners.

4. There can be no doubt that the afore is the

best course available to the petitioners at this

stage.

In the afore circumstances, I allow this writ

petition and direct the 2nd respondent to issue final

orders on Exts.P8 and P11, after affording an

opportunity of being heard to the petitioners, as

expeditiously as is possible, but not later than

three months from the date of receipt of a copy of

this judgment.

In order to obtain time bound compliance of the

afore directions, the 2nd respondent shall follow up

with the Taluk Surveyor for completion of the

survey and for getting necessary report and sketch.

It goes without saying that once the afore

exercise is completed and if the petitioners are

found eligible, then Transfer of Registry of the

property in their names shall be made without any

avoidable delay, so as to allow them to remit the

land tax on it thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/1.10

APPENDIX OF WP(C) 19022/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 17.02.2021 BEARING NO.302/21.

Exhibit P2 TRUE COPY OF THE KUDIKIDAPPUR CERTIFICATE ISSUED TO THE FATHER OF THE PETITIONERS FOR THE 10 CENTS OF LAND BEARING NO.595/79 ON 16.11.1979.

Exhibit P3 TRUE COPY OF THE LETTER BEARING NO.A.IV/35/81 DATED 12.02.1997 ISSUED BY THE KERALA STATE DEVELOPMENT CORPORATION FOR SC/ST.

Exhibit P4 TRUE COPY OF FRONT PAGE THE SSLC BOOK OF THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE RATION CARD IN THE NAME OF THE 2ND PETITIONER NO.1417019839.

Exhibit P6 TRUE COPY OF THE ELECTRICITY BILL BEARING CONSUMER NO.7285 DATED 06.04.2021.

Exhibit P7 TRUE COPY OF THE WATER BILL BEARING CONSUMER NO.2342221030 DATED 11.08.2021.

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 17.02.2020 THUS SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER DATED 18.03.2020 BEARING NO.E5-631/20 THUS ISSUED BY THE DISTRICT SURVEY SUPERINTENDENT TO THE TAHSILDAR(LR), CHERTHALA.

Exhibit P10 TRUE COPY OF THE SURVEY SKETCH WITH REGARD TO THE PROPERTY OF THE PETITIONERS DATED 06.02.2021.

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 08.07.2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P11(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD OF EXT.P11 REMINDER.