Ashraf A.P vs State Of Kerala
2021 Latest Caselaw 19841 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. 19782 OF 2021
PETITIONERS:

    1     ASHRAF A.P., S/O IMBICHI HAJI, AMIYAMPOYIL HOUSE,
          FAIRLAND COLONY, SULTHAN BATHERY.P.O, WAYANAD,
          PIN-673592.

    2     SAHIRA, W/O.ASHRAF, NAJEEMA, AMIYAMPOYIL HOUSE,
          FAIRLAND COLONY, SULTHAN BATHERY.P.O,
          WAYANAD, PIN-673592.

          BY ADV RAFFEEKH.K



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

    2     THE DISTRICT COLLECTOR,
          WAYANAD, KALPETTA NORTH POST, WAYANAD, PIN-673122.

    3     THE DEPUTY COLLECTOR(LR), COLLECTORATE, KALPETTA NORTH
          POST, WAYANAD, PIN-673122.

    4     THE THAHISLDAR, TALUK OFFICE, SULTHAN BATHERY,
          WAYANAD DISTRICT,PIN-673592.

    5     THE VILLAGE OFFICER, SULTHAN BATHERY VILLAGE OFFICE,
          WAYANAD DISTRICT, PIN-673592.

          BY ADV.SRI.HANIL KUMAR - SPL. 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. 19782 OF 2021
                                 -2-

                           JUDGMENT

The petitioners have approached this Court

with a singular plea that the 2nd respondent -

District Collector, be directed to consider their

application for assignment of land and for

issuance of Purchase Certificate in their favour,

with respect to 10 cents of property comprised in

Re.Sy.No.5/2 of Block No.17 of Sulthan Bathery

Village, within a time frame to be fixed by this

Court.

2. The learned Special Government Pleader -

Sri.Hanil Kumar, submitted that if the application

of the petitioners is still pending, the 2nd

respondent will consider the same and issue

appropriate orders thereon, after following due

procedure. He, however, prayed that this Court may

not make any affirmative declarations in favour of

the petitioners and leave it to the said WP(C) NO. 19782 OF 2021

respondent to take an apposite decision thereon as

per law.

Taking note of the afore submissions, I allow

this writ petition and direct the 2nd respondent -

District Collector, to take up and dispose of the

application of the petitioners as mentioned above,

if it is still pending, after following due

procedure and affording necessary opportunity of

being heard to them - either physically or through

video conferencing - 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.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19782 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 12.11.2012.

EXHIBIT P2 TRUE COPY OF G.O.(MS)NO.322/2010/REV DATED 04.08.2010.

EXHIBIT P3 TRUE COPY OF THE G.O.(MS)NO.86/2019 /REVENUE DATED 1.3.2019.

EXHIBIT P4 TRUE COPY OF THE FORM 2 NOTICE DATED 22.1.2021 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

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