Mary Stanley John vs State Of Kerala
2021 Latest Caselaw 21135 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                      WP(C) NO. 20557 OF 2021
PETITIONER:
           MARY STANLEY JOHN, AGED 79 YEARS
           W/O. LATE CAPT. CHITTEZHATH STANELY JOHN,
           CHITTEZHATH, FERRY ROAD, NEAR VARAPUZHA BRIDGE,
           CHERANALLUR, KOCHI 682 034.

          SRI.SUSANTH SHAJI
          SRI.ALBIN A.JOSEPH(K/1299/2020)


RESPONDENTS:
     1     STATE OF KERALA,
           REP. BY SECRETARY, DEPT. OF REVENUE, SECRETARIAT,
           TRIVANDRUM-695 001

    2     THE DISTRICT COLLECTOR,
          ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU,
          KOCHI 682 030.

    3     THE TAHSILDAR,
          KANAYANNUR TALUK, TALUK OFFICE, PARK AVENUE, NEAR
          SUBHASH PARK, MARINE DRIVE, KOCHI-682 011

    4     THE TAHSILDAR (LR),
          KANAYANNUR TALUK, TALUK OFFICE, PARK AVENUE, NEAR
          SUBASH PARK, MARINE DRIVE, KOCHI 682 011.

    5     THE VILLAGE OFFICER,
          CHERANALLOOR VILLAGE, CHITTOOR RD, SOUTH CHITTOOR,
          ERNAKULAM, KERALA 682 027.

    6     THE SUB REGISTRAR,
          SUB REGISTRAR OFFICE, MAHATMA GANDHI RD, KPCC JUNCTION,
          ERNAKULAM , KERALA-682 011

          SMT. K AMMINIKUTTY - SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20557 OF 2021
                                  2


                               JUDGMENT

The singular grievance of the petitioner is that even

though he had preferred Ext.P8 representation before the

third respondent - Tahsildar on 13.09.2021, no action has

been taken on it until now and he says that this is putting him

into grievous prejudice because the property in question is

now being acquired for the purpose of a National Highway.

The petitioner, therefore, prays that the third respondent -

Tahsildar be directed to take up Ext.P8 representation and

dispose it of, without any further delay.

2. The learned Senior Government Pleader,

Smt.Amminikutty, submitted that if the petitioner only

requires Ext.P8 to be taken up and disposed of by the third

respondent - Tahsildar, there does not appear to be any legal

impediment in doing so; but prayed that this Court may not

make any affirmative declarations as to the entitlement of the

petitioner to any relief and leave it to the competent

Authority to take a decision on it in terms of law.

Taking note of the afore submissions and keeping in

mind the urgency projected by the petitioner, I allow this writ WP(C) NO. 20557 OF 2021

petition, directing her to appear before the third respondent

- Tahsildar at 11 a.m. on 29.10.2021; on which day, the said

Authority will either hear her or fix another date for hearing

and dispose of Ext.P8, as expeditiously as is possible, but not

later than 30.11.2021.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 20557 OF 2021

APPENDIX OF WP(C) 20557/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.

84/1991 OF SRO, ERNAKULAM.

Exhibit P2 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY COVERED BY EXT. P1 DEED ISSUED BY THE 5TH RESPONDENT.

Exhibit P3 TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY COVERED BY EXT. P1 DEED ISSUED BY THE 5TH RESPONDENT.

Exhibit P4 TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE IN RESPECT OF THE PROPERTY COVERED BY EXT. P1 DEED ISSUED BY THE 6TH RESPONDENT.

Exhibit P5 TRUE PHOTOSTAT COPY OF THE WILL DEED DATED 08.04.2012 EXECUTED BY CAPT. STANLEY JOHN CHITTEZHATH.

Exhibit P6 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF CAPT. STANLEY JOHN CHITTEZHATH ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOCHI MUNICIPAL CORPORATION.

Exhibit P7 TRUE PHOTOSTAT COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER AND ATTESTED BY A NOTARY AFFIRMING THE FACT THAT EXT. P5 WILL DEED IS THE LAST AND FINAL TESTAMENT OF CAPT. STANLEY JOHN CHITTEZHATH.

Exhibit P8 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 13.09.2021 PREFERRED BY THE PETITIONER BEFORE THE 3RD AND 5TH RESPONDENTS FOR EFFECTING MUTATION. WP(C) NO. 20557 OF 2021

Exhibit P9 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.

RL617287233IN.

Exhibit P10 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.

RL617287220IN.