Indira Amma vs The District Collector
2022 Latest Caselaw 4278 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                       WP(C) NO. 13147 OF 2022
PETITIONER:

          INDIRA AMMA, AGED 65 YEARS, D/O. PANKAJAKSHI AMMA,
          KALLEEKAL VEEDU, INJAKKAD, KAKKAKUNNU P.O.,
          SOORANADU SOUTH, KUNNATHOOR, KOLLAM, PIN-690522.

          BY ADVS.K.R.VINOD
          M.S.LETHA
          K.S.SREEREKHA
          NABIL KHADER
          C.A.NOUFAL



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT
          COLLECTOR, COLLECTORATE, KOLLAM, PIN-691013.

    2     THE ADDITIONAL DISTRICT MAGISTRATE,
          COLLECTORATE, KOLLAM, PIN-691013.

    3     THE TAHSILDAR, TALUK OFFICE, KUNNATHOOR,
          SASTHAMCOTTA P.O., KOLLAM, PIN-690521.

    4     THE TALUK SURVEYOR, TALUK OFFICE, KUNNATHOOR,
          SASTHAMCOTTA P.O., KOLLAM, PIN-690521.

          SMT.K.AMMINIKUTTY, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13147 OF 2022
                             -2-

                          JUDGMENT

The petitioner only requires that Ext.P2

application preferred by her in Form No.10 of the

Kerala Survey and Boundaries Rules, 1964, be

directed to be taken up and disposed of by the 3 rd

respondent - Tahsildar (L.R.), within a time frame

to be fixed by this Court.

2. In response to the afore request of the

petitioner, as made by her learned counsel -

Sri.K.R.Vinod, the learned Senior Government

Pleader - Smt.K.Amminikutty, submitted that if the

petitioner only requires Ext.P2 to be taken up and

disposed of by the 3rd respondent, there does not

appear to be any legal impediment in doing so;

however, praying that this Court may not make any

affirmative declarations in her favour in this

judgment and leave it to the said Authority to

take an apposite decision, as per law. WP(C) NO. 13147 OF 2022

In the afore circumstances, I order this writ

petition and direct the 3rd respondent - Tahsildar

(L.R.), to take up Ext.P2 application of the

petitioner and dispose of the same, after

affording her necessary opportunity of being

heard; thus culminating in an appropriate order

and necessary action 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. 13147 OF 2022

APPENDIX OF WP(C) 13147/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 3.7.2020 WITH RESPECT TO THE LANDED PROPERTY OWNED BY THE PETITIONER ISSUED BY THE VILLAGE OFFICER, SOORANADU SOUTH.

EXHIBIT P2 THE COPY OF THE APPLICATION FOR CONDUCTING MEASUREMENT AND DEMARCATION OF THE PROPERTY OF THE PETITIONER SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.3.2022.

RESPONDENT'S/S EXHIBITS : NIL.

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