Anil Babu vs State Of Kerala
2021 Latest Caselaw 21451 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(C) NO. 22355 OF 2021
PETITIONER:

          ANIL BABU, AGED 52 YEARS,
          S/O. MURALEEDHARAN PILLAI, KELEEKKAL VEEDU,
          RAMAPURAM P.O., KEERIKKAD P.O., ALAPPUZHA-690 508.

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


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     DISTRICT COLLECTOR, PALAKKAD,
          PALAKKAD, KERALA-678 001.

    3     TAHSILDAR, TALUK OFFICE, CIVIL STATION COMPLEX,
          PALAKKAD-678 001.

    4     VILLAGE OFFICER, VILLAGE II, AKATHETHARA,
          RDO OFFICE COMPLEX, PALAKKAD, KERALA-678 001.

          BY ADV.SMT.K.AMMINIKKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22355 OF 2021
                               -2-

                            JUDGMENT

The petitioner alleges that even though he has

preferred Ext.P9 application on 06.09.2021, before

the 4th respondent - Village Officer, for issuance

of Possession Certificate and location sketch -

with respect to his property comprised of 4.86

Ares in Sy.No.641 and 643 of Akathethara Village,

Palakkad - no action has been taken thereon until

now; and thus prays that same be directed to be

done within a time frame to be fixed by this

Court.

2. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that if the

petitioner only requires Ext.P9 to be taken up and

disposed of by the 4th respondent, there does not

appear to be any legal impediment in doing so;

however, praying that this Court may not make any

affirmative declarations in his favour in this WP(C) NO. 22355 OF 2021

judgment and leave it to the said Authority to

take an apposite decision thereon, as per law.

In the afore circumstances, I order this writ

petition and direct the 4th respondent to take up

Ext.P9 application of the petitioner and dispose

of the same, after affording him an opportunity of

being heard; thus culminating in an apposite

decision and necessary action 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 akv WP(C) NO. 22355 OF 2021

APPENDIX OF WP(C) 22355/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF ENCUMBRANCE CERTIFICATE DATED JULY 2012.

EXHIBIT P2 THE TRUE COPY OF JUDGMENT IN O.S.NO.267 OF 2005 DATED 17.3.2006 OF SUB COURT PALAKKAD.

EXHIBIT P3 TRUE COPY OF THE SALE DEED IN E.P.NO.148 OF 2006 IN O.S.NO.267 OF 2005 OF SUB COURT PALAKKAD.

EXHIBIT P4 THE TRUE COPY OF DELIVERY REPORT DATED 17.12.2012.

EXHIBIT P5 TRUE COPY OF TAX RECEIPT DT.

EXHIBIT P6 THE TRUE COPY OF EA.NO.54 OF 2013 IN E.P.NO.148 OF 2006 IN O.S.NO.267 OF 2005 ON THE FILES OF SUB COURT PALAKKAD.

EXHIBIT P7 THE TRUE COPY OF THE COMMON ORDER DATED 26.9.2019 PASSED BY SUB COURT PALAKKAD.

EXHIBIT P8 THE TRUE COPY OF THE COMPUTER PRINTOUT SHOWING THE STATUS OF THE F.A.O NO.23 OF 2020.

EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION DATED 6.9.2021 FILED BEFORE THE 4TH RESPONDENT.

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 6.9.2021 FILED BEFORE THE 3RD RESPONDENT.

EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION DATED 6.9.2021 FILED BEFORE THE 2ND RESPONDENT.