Kerala High Court
Vincent.P.T vs Secretary on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
WP(C) NO. 23696 OF 2019
PETITIONER:
VINCENT.P.T, AGED 57 YEARS
S/O. THOMAS PORATHUR HOUSE, MUNDOOR P.O,
THRISSUR DISTRICT.
BY ADV V.M.KRISHNAKUMAR
RESPONDENTS:
1 SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
2 LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING,
THIRUVANNATHAPURAM PIN 695 001
3 DISTRICT COLLECTOR, COLLECTORATE,
THRISSUR PIN 680 003
4 TAHSILDAR, TALUK OFFICE, PALACE ROAD,
THRISSUR PIN 680 022
5 VILLAGE OFFICER, THANGALLUR VILLAGE OFFICE,
THANGALLUR, THRISSUR PIN 680 581
BY GP - SRI.ASWIN SETHUMADHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 23696/19
2
JUDGMENT
The petitioner has approached this Court
impugning Ext.R3(a) proceedings of the District
Collector dated 28.09.2019, whereby, his
application for assignment of certain extents of
land, comprised of in Resurvey No.42/2 of
Thengaloor Village, has been turned down, stating
that on enquiry no surplus lands have been found.
2. The petitioner says that Ext.R3(a) does
not reflect the truth because the total extent of
his land is 3 Acres and 4 cents, while only an
extent of 34 cents have been set apart for
assignment to eligible persons under the 'Zero
Landless Scheme'. He asserts that he is entitled
to the assignment, as sought for through Ext.P19,
because Ext.P17 Government Order clearly holds so
and because it has been confirmed by this
WPC 23696/19
Honourable Court in Ext.P18 judgment.
3. The petitioner contends that, therefore,
the competent respondent is obligated to consider
Ext.P19 and adds that if he is given an
opportunity, he will be able to point out to the
said Authority that what is stated in Ext.R3(a) is
not the truth.
4. I have heard Sri.V.M.Krishnakumar -
learned counsel for the petitioner and Sri.Aswin
Sethumadhavan - learned Senior Government Pleader
appearing on behalf of the official respondents.
5. The learned Senior Government Pleader, in
response, submitted that Ext.R3(a) has been issued
by the District Collector not because he has found
any cause against the petitioner's request, but
because it is practically impossible to allot any
plot to him in the survey number in question. He
submitted that, as is evident from the said
communication, there is no surplus land available
WPC 23696/19
in the survey number because its entire extent has
been earmarked for being allotted for other public
purposes, including for assignment to persons
coming under the 'Zero Landless Scheme'. He,
however, then offered that if the petitioner is
able to point out any surplus land in the survey
number, the competent Authority can certainly
consider it; and prayed that this Court dispose of
this Writ Petition only to such effect.
6. When I consider the afore submissions, it
is without doubt that Ext.R3(a) only says that
there is no surplus land available, to be assigned
to the petitioner, in Resurvey No.42/2 of
Thengaloor Village. This is essentially a question
of fact, which this Court cannot resolve while
acting under Article 226 of the Constitution of
India. Since the petitioner asserts that the
extent of the afore survey number is much more
than what has been earmarked for the purpose of
WPC 23696/19
assignment under the 'Zero Landless Scheme', I am
certain that he must be given an opportunity of
establishing it to the competent Authority without
any delay, particularly because he says that his
licence for running his business is to expire in
the year 2022.
In the afore circumstances, I order this writ
petition and direct the petitioner to mark
appearance before the 3rd respondent-District
Collector at 11 a.m. on 28.09.2021; on which day
the said Authority will hear him, based on all
documents and materials which he may produce, thus
leading to decision whether any land, capable of
being assigned to him based on Ext.P19, is
available in Resurvey No.42/2 of Thengaloor
Village.
If, after such enquiry, the District Collector
finds that lands are so available, then he shall
take up Ext.P19 and issue final orders thereon,
WPC 23696/19
adverting to Exts.P17 and P18, as expeditiously as
is possible, but not later than two months from
the date of receipt of a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 23696/19
APPENDIX OF WP(C) 23696/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE ADDITIONAL
TAHSILDAR DATED 01-01-2013
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE
TAHSILDAR DATED 09-01-2003
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE
TAHSILDAR DATED 10-02-2006
EXHIBIT P3 TRUE COPY OF RENEWAL LEASE FROM 09-08-
2012 TO 08-08-2015 FOR THE ABOVE SAID 6
CENTS OF LAND IN OLS SY. NO. 333/P RE.
SY. NO. 42/12
EXHIBIT P4 TRUE COPY OF THE QUARRYING PERMIT DATED
23-09-2014 OF THE DEPARTMENT OF MINING
AND GEOLOGY
EXHIBIT P5 COPY OF GO(RT) NO. 174/2010/REV. DATED
02-05-2011
EXHIBIT P6 TRUE COPY OF THE REVISED RENT ISSUED
UNDER THE KERALA LAND ASSIGNMENT RULES
ON MUNICIPAL AREAS RULES.
EXHIBIT P7 TRUE COPY OF THE LETTER OF THE LAND
REVENUE COMMISSIONER DATED 04-05-2013
EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS DATED 09-
08-2012 OF THE TAHSILDAR
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 14-01-
2015 OF THE DISTRICT COLLECTOR
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 21-05-2015
WPC 23696/19
OF THE LAND REVENUE COMMISSIONER
EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGE OF THE
BASIC TAX REGISTER OF THRISSUR TALUK,
THANGALLUR VILLAGE
EXHIBIT P12 TRUE COPY OF THE SKETCH SHOWING THE 1
ACRE OF LAND IN SY. NO. 42/2 GRANTED TO
THE PETITIONER FOR QUARRYING
EXHIBIT P13 TRUE COPY OF THE SKETCH OBTAINED BY THE
PETITIONER UNDER THE RIGHT OF
INFORMATIONA CT
EXHIBIT P14 TRUE COPY OF THE REPORTS TO THE
TAHSILDAR DATED 20-10-2015
EXHIBIT P15 TRUE COPY OF THE REPORTS TO THE
TAHSILDAR DATED 28-11-2015
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 10-02-2016
OF THE GOVERNMENT
EXHIBIT P17 TRUE COPY OF THE GO(MS) NO. 338/2016/RD
DATED 07-06-2016
EXHIBIT P18 COPY OF THE JUDGMENT IN WP(C) NO.
22307/2016 DATED 07-11-2017
EXHIBIT P19 COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE DISTRICT
COLLECTOR DATED 11-01-2018
EXHIBIT P19(A) COPY OF THE RECEIPT ISSUED TO THE
PETITIONER DATED 11-01-2018
WPC 23696/19
RESPONDENTS' EXTS:
ANNEXURE R3(A) COPY OF THE B2/41183/2012 DATED
28.09.2019
