Hameed U vs The Tahsildar
2021 Latest Caselaw 19838 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                      WP(C) NO. 19863 OF 2021
PETITIONER:

          HAMEED U., AGED 49 YEARS,
          S/O. ABDUL KAREEM, ULIYATHADAKKA HOUSE, POST,
          SIRIBAGALU, 671 124, KASARAGOD DISTRICT, THROUGH POWER
          OF ATTORNEY HOLDER A. MAMU, AGED 61 YEARS,
          S/O. ABDULLA, CHOORI, OLD RAILWAY STATION ROAD,
          KASARGOD, PIN - 671 121.

          BY ADV. K.K.MOHAMED RAVUF



RESPONDENT:

          THE TAHSILDAR, TALUK OFFICE, COURT ROAD,
          NEAR MALLIKARJUNA TEMPLE, KASARGOD - 671 121.

          BY ADV.SMT.AMMINIKUTTY - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19863 OF 2021
                              -2-

                            JUDGMENT

The petitioner has approached this Court

asserting that he and his predecessors-in-interest

were in possession and enjoyment of the property

covered by Ext.P1 order of the Revenue Divisional

Officer (RDO), Kasaragod, for the last more than a

century; and that he has, therefore, approached

the respondent - Tahsildar, through Ext.P16

request for assignment of the said land - having

an extent of 1 acre, comprised in Re.Sy.No.161/15

of Shiribagilu Village. The petitioner, therefore,

prays that the respondent be directed to take

necessary action on Ext.P16, within a time frame

to be fixed by this Court.

2. The learned Senior Government Pleader -

Smt.K.Amminikutty, in response, submitted that if

the petitioner only requires Ext.P16 to be taken

up and disposed of by the respondent in terms of WP(C) NO. 19863 OF 2021

law, there does not appear to be any legal

impediment in doing so; however, praying that this

Court may not make any affirmative declaration in

favour of the petitioner and allow the said

respondent to take a decision thereon as per law.

Taking note of the afore submissions, I allow

this writ petition and direct the respondent to

take up Ext.P16 request of the petitioner and

dispose of the same, after affording an

opportunity of being heard to him or his

authorized representative and adverting

specifically to Ext.P1 order of the RDO; thus

culminating in 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, while the afore exercise is

completed, the respondent will also keep in mind

the assertion of the petitioner that he and his WP(C) NO. 19863 OF 2021

predecessors-in-interest have been in possession

of the property in question for the last more than

a century, as also his specific predication that,

in Ext.P1 order, the RDO has already recommended

assignment in his favour.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19863 OF 2021

APPENDIX OF WP(C) 19863/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO. D.DIS 3424/73 (KLC 129/72) 16.3.1973 OF THE REVENUE DIVISIONAL OFFICER, KASARGOD.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 1979.

EXHIBIT P2 (A) TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 1985.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT FOR BEING PAID BUILDING TAX TO KASARGOD PANCHAYATH.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 7.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE MADHUR GRAMA PANCHAYATH.

EXHIBIT P5 TRUE COPY OF THE STOP MEMO DATED 2.1.2012 ISSUED BY THE PANCHAYATH.

EXHIBIT P6 TRUE COPY OF THE ORDER IN APPEAL NO.

82/2012 DATED 24.3.2012 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P7 TRUE COPY OF THE COMPROMISE PETITION DATED 5.8.2015 IN O.S. NO. 88/2005 OF MUNSIFF COURT KASARGOD.

EXHIBIT P8 TRUE COPY OF THE DECREE DATED 31/8/2015 IN O.S. NO. 88/2005 OF MUNSIFF COURT KASARAGOD.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 22.3.2012 IN I.A. NO. 476/2012 IN O.S. NO. 61/2012 OF MUNSIFF COURT KASARGOD. WP(C) NO. 19863 OF 2021

EXHIBIT P10 TRUE COPY OF THE DECREE DATED 6.6.2014 IN O.S. NO. 61/2012 OF MUNSIFF COURT KASARGOD.

EXHIBIT P11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN WPC NO. 3896/2013 BEFORE THIS HONBLE COURT.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 10.3.2020 IN WPC NO. 3896/2013 OF THIS HONBLE COURT.

EXHIBIT P13 TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER DAINABI ISSUED BY THE KASARGOD MUNICIPALITY.

EXHIBIT P14 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, KASARGOD.

EXHIBIT P15 TRUE COPY OF THE NO OBJECTION AND CONSENT LETTER ISSUED BY MOHAMMED U.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 26.12.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE