Chacko Chummar vs State Of Kerala
2021 Latest Caselaw 18111 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                       WP(C) NO. 16795 OF 2021




PETITIONER:



          CHACKO CHUMMAR,
          AGED 87 YEARS
          S/O. CHACKO, PYNADATH HOUSE, AKAPARAMBU, NEDUMBASSERY
          VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 589
          BY ADVS.
          PEEYUS A.KOTTAM
          HRITHWIK D. NAMBOOTHIRI




RESPONDENTS:



    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695 001
    2     DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM-682
          030
    3     TAHSILDAR,(LR)
          TALUK OFFICE, ALUVA, PIN-683 101, ERNAKULAM DISTRICT.
    4     VILLAGE OFFICER,
          NEDUMBASSERY VILLAGE, COCHIN INTERNATIONAL AIRPORT,
          KOCHI-683 111
          BY ADV. SMT RESHMITHA RAMACHANDRAN- GOVERNMENT PLEADER
 WP(C) NO. 16795 OF 2021
                                2



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16795 OF 2021
                                      3

                                JUDGMENT

The petitioner says that even though the ownership of his

property, comprised of an extent of 9.92 Ares in Re-Survey

No.153/6 in Block No.9 of Nedumbasseri Village, continues to be

in the name of his deceased wife and even though the

"Thandaper" with respect to the same was earlier in her name, he

now finds that it has been changed in the name of certain 3 rd

parties, even when he or his wife had never executed any Sale

Deed or transfer of document with respect to it.

2. The petitioner submits that he, therefore, was

constrained to approach the 3rd respondent with Ext.P5

representation, seeking that the errors in the records be corrected;

but allege that same has not been disposed of yet, even though

said Authority had conducted a hearing in the past. The

petitioner, therefore, prays that 3rd respondent be directed to

dispose of Ext.P5 representation within a time frame to be fixed

by this Court, particularly because he is now 87 years of age and

wants to settle this matter at the earliest. WP(C) NO. 16795 OF 2021

2. In response, the learned Government Pleader -

Smt.Resmitha Ramachandran, submitted that there does not

appear to be any legal impediment in the 3 rd respondent disposing

of Ext.P5; and added that, as is evident from Ext.P7, said

Authority has commenced proceedings thereon, by affording an

opportunity of being heard to the petitioner. She pleaded that,

therefore, this Court may allow the 3rd respondent to dispose of

Ext.P5 within a time frame but without making any affirmative

declarations in his favour.

3. When I consider the afore submissions, it is without

doubt that the petitioner's application, namely Ext.P5, is still

pending before the 3rd respondent and am certain that it requires to

be disposed of quickly, especially when he says that he or his wife

had not executed any Sale Deed in favour of any person in whose

name the "Thandaper" is now alleged to have been altered.

In the afore circumstances, I allow this writ petition and

direct the 3rd respondent to dispose of Ext.P5, after affording one

more opportunity of being heard to the petitioner - either WP(C) NO. 16795 OF 2021

physically or through video conferencing - thus culminating in an

appropriate order thereon, as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this

judgment and to communicate the resultant order to him without

any avoidable delay thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/03/09/2021 WP(C) NO. 16795 OF 2021

APPENDIX OF WP(C) 16795/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX IN THE NAME OF PETITIONER'S WIFE UPTO 2007-2008.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 16.03.2020 IN W.P.C 2809/2020 OF THIS HON'BLE COURT. Exhibit P3 TRUE COPY OF THE ANSWER OBTAINED UNDER RIGHT TO INFORMATION ACT AND THE THANDAPER REGISTER OF THANDAPER ACCOUNT NO. 1507.

Exhibit P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OBTAINED FOR THE PERIOD FROM 21.05.1982 UPTO 21.10.2019 FOR THE AFORESAID PROPERTY. Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 30.03.2021 BEFORE THE 3RD RESPONDENT.

Exhibit P6 THE ACKNOWLEDGEMENT RECEIPT DATED 30.03.2021 ISSUED IN PURSUANT TO EXT. P5 APPLICATION FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 08.07.2021 ISSUED BY THE 3RD RESPONDENT/TAHSILDAR TO THE PETITIONER.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 17.09.2019 SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER.