Johnson vs State Of Kerala
2021 Latest Caselaw 19644 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                          WP(C) NO. 13040 OF 2021


PETITIONER:

              JOHNSON, AGED 44 YEARS, S/O.CLEMENT,
              VALAYIL, CHETHY, MARARIKULAM NORTH,
              CHETHY P.O., ALAPPUZHA KERALA 689 112

              BY ADVS.
              B.PRAMOD
              NAMITHA JYOTHISH


RESPONDENTS:

     1        STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT,
              REVENUE DEPARTMENT, SECRETARIAT, PIN 695 001

     2        THE DISTRICT COLLECTOR,
              ALAPPUZHA PIN 688 001

     3        THE TAHSILDAR, TALUK OFFICE,
              CHERTHALA, PIN 688 524

     4        THE VILLAGE OFFICER, MARARIKULAM NORTH,
              CHERTHALA, ALAPPUZHA PIN 688 523

              SRI ASHWIN SETHUMADHAVAN - SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13040/21
                                         2



                           JUDGMENT

The petitioner impugns Ext.P8 proceedings of

the 3rd respondent-Tahsildar rejecting his request

for assignment of certain extent of land in Re-

survey No.289/12 of the Mararikkulam North

Village, on the ground that the property is

included within the 'sea purambokku'. He says that

the factual findings in Ext.P8 are wholly

incorrect and he relies on Ext.P9 map obtained

from the internet to show that there are several

residential and commercial constructions near and

even ahead of the property sought assignment for

by him. He, therefore, prays that Ext.P8 be set

aside and the Tahsildar be directed to allow his

application for assignment.

2. Sri.B.Pramod - learned counsel for the

petitioner, supplemented the afore contentions,

saying that as per Rule 11(3) of the Kerala Land

Assignment Rules (hereinafter referred to as 'the WPC 13040/21

KLA Rules' for short), the competent Authority is

obligated to prepare two types of lists and that

there is no inhibition therein for assigning land

except within 100 feet from the sea coast. He

submitted that none of these aspects have been

considered by the Tahsildar when he has issued

Ext.P8; and thus reiteratingly prayed that this

Writ Petition be allowed.

3. Sri.Aswin Sethumadhavan - learned Senior

Government Pleader, answered the afore submissions

saying that the Tahsildar was incapacitated from

allowing the application of the petitioner

because, as per records, it comes within the 'sea

purambokku'. He, however, conceded, to a pointed

question from this Court, that there is nothing in

Ext.P8 to indicate that the Tahsildar had adverted

to Rule 11(3) of the KLA Rules or to Ext.P9 map.

4. When I hear the rival contentions as

afore, it is manifest that the matter will require

to be reconsidered by the Tahsildar, particularly WPC 13040/21

because the petitioner asserts that there are

residential and commercial constructions even

adjacent to the property in question, as also

ahead of it, from the coastline. Further, as

rightly stated by Sri.B.Pramod, Ext.P8 does not

show that the Tahsildar had adverted to Rule 11(3)

of the KLA Rules.

In the afore circumstances and for the reasons

above, I set aside Ext.P8; with a consequential

direction to the 3rd respondent - Tahsildar to

reconsider the matter, adverting to the afore

contentions of the petitioner and after affording

him an opportunity of being heard, as

expeditiously as is possible, but not later than

two months from the date of receipt of a copy of

this judgment.

Needless to say, while completing the afore

exercise, the Tahsildar will be at full liberty to

cause inspections, as are necessary, as also to

call for any inputs from any Authority as may be WPC 13040/21

requisite.

This writ petition is thus ordered.

Sd/-

RR                               DEVAN RAMACHANDRAN
                                      JUDGE
 WPC 13040/21


               APPENDIX OF WP(C) 13040/2021

PETITIONER EXHIBITS

Exhibit P1            A TRUE COPY OF THE RELEVANT PAGES OF

THE PASSBOOK ISSUED TO THE PETITIONER FROM THE KERALA FISHERMEN WELFARE FUND BOARD

Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT

Exhibit P3 PHOTOGRAPHS OF THE HOUSE OF THE PETITIONER

Exhibit P4 A TRUE COPY OF THE ADHAR CARD ISSUED TO THE PETITIONER

Exhibit P5 A TRUE COPY OF THE PATTA DATED 29.5.1974 ISSUED TO PETITIONER'S FATHER

Exhibit P6 A TRUE COPY OF THE PATTA ISSUED TO PETITIONER'S BROTHER

Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 17.4.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

Exhibit P8 A TRUE COPY OF THE LETTER DATED 29.4.2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P9 SATELLITE PICTURE OF THE LOCALITY IN WHICH THE PROPERTY SOUGH TO BE ASSIGNED IS SITUATED