Amina @ Amina Teacher vs The District Collector
2021 Latest Caselaw 18310 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                      WP(C) NO. 18211 OF 2021
PETITIONER:

          AMINA @ AMINA TEACHER
          AGED 65 YEARS
          W/O MAMMYKUTTY HAJI, MAMPATTA HOUSE, VENDALOOR,
          IRIMBILIYAM POST, TIRUR TALUK, MALAPPURAM
          DISTRICT,PIN-679572.

          BY ADV R.SREEHARI



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          PALAKKAD,CIVIL STATION,
          PALAKKAD-678013.

    2     THE SUB COLLECTOR, OTTAPALAM
          OFFICE OF THE SUB COLLECTOR, OTTAPALAM-679101,

    3     THE TAHSILDAR,
          TALUK OFFICE, OTTAPALAM,
          OTTAPALAM-679101.

    4     THE TAHSILDAR(LAND RECORDS),
          OFFICE OF THE TAHSILDAR, OTTAPALAM-679101.

    5     THE VILLAGE OFFICER
          TRIKATTIRI I VILLAGE, TRIKATIRI POST, OTTAPALAM
          TALUK-679502.

          BY ADV.

          SHRI.ASWIN SETHUMADHAVAN SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18211 OF 2021          2

                           JUDGMENT

The singular prayer made by the petitioner in

this writ petition is that the 4th respondent -

Tahsildar(Land Records) be directed to consider

Ext.P5 request of her's and to conclude

proceedings thereon, under the provisions of the

Survey and Boundaries Act, leading to the fixing

of the boundaries of her property and allotment of

necessary Sub Divisions. The petitioner alleges

that even though Ext.P5 was preferred as early as

on 17.07.2018, no action has been taken thereon

until now, thus constraining her to approach this

Court to seek an expeditious disposal of the same.

2. In response, the learned Senior Government

Pleader, Shri.Aswin Sethumadhavan, appearing for

the official respondents, submitted that if the

petitioner only requires Ext.P5 to be taken up and

disposed of by the 4th respondent within a time

frame, there does not appear to be any legal

impediment in the said Authority doing so;

however, prayed that this Court may not make any

affirmative declarations as to the entitlement of

the petitioner to any relief and leave it to be

decided by the competent Authority, in terms of

law.

3. Taking note of the afore submissions and

since I notice that Ext.P5 is stated to be pending

for the last more than three years, I deem it

appropriate to accede to the request of the

petitioner.

Resultantly, this writ petition is allowed and

the 4th respondent - Tahsildar (Land Records, is

directed to take up and complete proceedings on

Ext.P5 application, after following due procedure

and after affording necessary opportunity of being

heard to the petitioner and other interested

parties, if any; thus leading to an appropriate

order thereon, as expeditiously as is possible,

but not later than three months from the date of

receipt of a copy of this judgment.

Needless to say, depending upon the decision

to be taken by the 4th respondent as afore, the

petitioner will be at liberty to approach

respondent No.5 for allotment of Sub Division

numbers to her property and for fixing of her

boundaries, who will then act as per law without

any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/15.9

APPENDIX OF WP(C) 18211/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF DOCUMENT NO.707/2020 OF S R O CHERPULASSERY

Exhibit P2 PHOTOCOPY OF POSSESSION CERTIFICATE DATED 20.03.2010 ISSUED BY THE 05TH RESPONDENT

Exhibit P3 PHOTOCOPY OF THE LOCATION CERTIFICATE DATED 20.03.2010 ISSUED BY THE 5TH RESPONDENT

Exhibit P4 PHOTOCOPY OF THE BASIC TAX RECEIPT DATED 22-11-2017 ISSUED BY THE 5TH RESPONDENT

Exhibit P5 PHOTOCOPY OF THE PETITION DATED 17-07-

2018 FILED BEFORE THE 4TH RESPONDENT

Exhibit P6 PHOTOCOPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 17.07.2018

Exhibit P7 PHOTOCOPY OF CHALAN RECEIPT EVIDENCING PAYMENT OF FEE.