Shahul Hameed vs State Of Kerala
2021 Latest Caselaw 20944 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 21261 OF 2021
PETITIONER:

          SHAHULHAMEED, THEKKETHADATHIL, THEKETHILMANKUZHI P.O.,
          MAVELIKARA, ALAPPUZHA-690558.

          BY ADVS.V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN
          SAJEEVAN K.R.


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE
          DEPARTMENT ROOM NO.357(A) & 358, MAIN BLOCK,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE LAND REVENUE COMMISSIONER,
          OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE
          BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM, KERALA-695003.

    3     DISTRICT COLLECTOR, CIVIL STATION, BESIDE ZILLA
          PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA,
          KERALA-688001.

    4     THE TAHASILDAR, TALUK OFFICE, MAVELIKARA, KOTTANADU,
          OLD MAVELIKKARA, MAVELIKARA, KERALA-690101.

    5     MAVELIKARA TALUK LAND ASSIGNMENT COMMITTEE,
          REPRESENTED BY ITS CONVENOR, TAHASILDAR, MAVELIKARA,
          TALUK OFFICE, MAVELIKARA, KOTTANADU, OLD MAVELIKKARA,
          MAVELIKARA, KERALA-690101.

          SMT.K.AMMINIKUTTY - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21261 OF 2021
                                            -2-

                                      JUDGMENT

The petitioner alleges that, in spite of

Ext.P1 proceedings having been issued by the 5th

respondent - Mavelikara Taluk Land Assignment

Committee as early as on 08.06.2005, no action has

been taken by the competent respondents to issue

Purchase Certificate to him, with respect to the

property comprised of 1.05 Ares in Sy.No.289 of

Block No.6, Vettiyar Village, Alappuzha.

2. The learned Senior Government Pleader -

Smt.K.Amminikutty, submitted that petitioner is

seen to have preferred Ext.P2 representation

before the 2nd respondent - Land Revenue

Commissioner, but that the competent Authority to

consider the same is the 3rd respondent - District

Collector. She submitted that, therefore, the

petitioner may be directed to make a proper

application before the 3rd respondent, so that WP(C) NO. 21261 OF 2021

said Authority can take up the same and dispose it

of, in terms of law.

3. I find some force in the submissions of

the learned Senior Government Pleader as afore;

and am, consequently, of the view that this writ

petition deserves to be allowed with the following

directions.

Resultantly, this writ petition is allowed and

the petitioner is granted liberty to approach the

3rd respondent - District Collector, with an

appropriate application, within a period of one

month from the date of receipt of a copy of this

judgment; in which event, said Authority will

consider the same, adverting to Ext.P1

recommendations of the 5th respondent - Mavelikara

Taluk Land Assignment Committee, dated 08.6.2005,

and after affording an opportunity of being heard

to the petitioner; thus culminating in an apposite

order thereon, as expeditiously as is possible, WP(C) NO. 21261 OF 2021

but not later than one month after the afore

application is received.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 21261 OF 2021

APPENDIX OF WP(C) 21261/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE MINUTES OF THE LAND TALUK ASSIGNMENT COMMITTEE COVENANTED IN 8.6.2005 AT TALUK OFFICE MAVELIKARA.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 26.8.2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE