Shirly vs State Of Kerala
2021 Latest Caselaw 19073 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943

                             WP(C) NO. 18744 OF 2021

PETITIONER:

               SHIRLY,
               AGED 51 YEARS
               W/O. BALACHANDRAN, PAMBUNGAL HOUSE, THEKKUMPADOM, PATTIKKAD
               P.O., THRISSUR 680 652.

               BY ADV P.K.BABU



RESPONDENTS:

     1         STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE (L) DEPARTMENT,
               THIRUVANANTHAPURAM 695 001.

     2         TAHSILDAR,
               TALUK OFFICE CHEMBUKAVU, TOWN HALL WEST PALACE ROAD,
               THRISSUR 680 020.

     3         THE VILLAGE OFFICER,
               PEECHI, THRISSUR DISTRICT 680 653.

     4         DIVISIONAL FOREST OFFICER,
               KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA 680003.


OTHER PRESENT:

               SMT. AMMINIKUTTY - SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18744 OF 2021

                                    2




                              JUDGMENT

The petitioner makes a singular plea that the respondents be

directed to take up Ext.P1 request of hers and issue appropriate

orders thereon within a time frame to be fixed by this Court. The

petitioner asserts that she is entitled to be assigned land, to the

extent of two Acres in Sy.No.3385/P of Peechi Village and that this

is what she has requested in Ext.P1. The petitioner therefore, prays

that necessary orders on Ext.P1 be directed to be issued by the

respondents at the earliest.

2. Sri.T.P.Sajan, learned Special Government Pleader

appearing for the respondents, submitted that there is no legal

impediment Ext.P1 being taken up and disposed of; but prayed that

this Court may not make any affirmative declaration 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 without entering into

the merits of any of the contentions of the petitioner, I allow this

writ petition and direct the competent respondent to take up Ext.P1

and dispose it of, after affording her an opportunity of being heard;

thus culminating in an appropriate order thereon, as expeditiously WP(C) NO. 18744 OF 2021

as is possible but not later than one month from the date of receipt

of a copy of this judgment.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 18744 OF 2021

APPENDIX OF WP(C) 18744/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 21.12.2017 WITH RECEIPT ISSUED BY THE TALUK OFFICE.

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER DATED 27.11.2019 WITH VILLAGE OFFICERS REPORT.

Exhibit P3 TRUE COPY OF THE CERTIFICATE NO. 782/16 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.3.2016.