K.G.Radhakrishnan vs State Of Kerala
2022 Latest Caselaw 4816 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                        WP(C) NO. 9725 OF 2022
PETITIONERS:

    1       K.G.RADHAKRISHNAN
            AGED 67 YEARS
            S/O. GOVINDAN, KUNNEL VEEDU, MANGALAM DAM,
            VANDAZHI-I, ALATHUR, PALAKKAD

    2       KARTHIYAYINI,
            AGED 85 YEARS
            W/O. LATE GOVINDAN, KUNNEL VEEDU, MANGALAM DAM,
            VANDAZHI-I, ALATHUR, PALAKKAD

            BY ADVS.
            A.N.RAJAN BABU
            P.GOPALAKRISHNAN (MVA)
            A.R.EASWAR LAL


RESPONDENTS:

    1       STATE OF KERALA
            REP. BY ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

    2       DISTRICT COLLECTOR,
            COLLECTORATE OFFICE, PALAKKAD-678 001

    3       REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, PALAKKAD-678 001

    4       SPECIAL TAHSILDAR,
            LAND REFORMS , PATTAMPI, PALAKKAD-679 303

    5       VILLAGE OFFICER,
            VANDAZHI-I, ALATHUR, PALAKKAD-678 541

            BY SMT PRINCY XAVIER, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9725 OF 2022
                                            2



                                     JUDGMENT

The prayers sought for in this writ

petition are as follows:-

"i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents 4 and 5 to consider Ext.P2, P4, P5,P7 and P8 in respect of 1.756 Hector and 1.8518 Hectors of land in Resurvey No.221/1 in Vandazhi-I Village.

ii) To declare that petitioners have right get prepared the records of Right in respect of 1.756 Hector and 1.8518 Hectors of land in Resurvey No.221/1 in Block No.49 of Vandazhi-I Village."

2. I have heard the learned counsel for

the petitioners as well as the learned

Government Pleader.

Having regard to the facts and

circumstances of the case, there will be a

direction to the 4th respondent to consider

Ext.P3 in accordance with law and after WP(C) NO. 9725 OF 2022

affording an opportunity of being heard either

physically or in online mode to the petitioners

and affected parties, if any, within a period

of three months from the date of receipt of a

copy of this judgment. Needless to say that the

petitioners will be free to produce such

materials to substantiate his claim which the

4th respondent will advert to while taking a

decision as aforesaid.

This writ petition is thus disposed of.

Sd/-

MOHAMMED NIAS C.P.

JUDGE SAS WP(C) NO. 9725 OF 2022

APPENDIX OF WP(C) 9725/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE B.T.R. OF VANDAZHI-I, VILLAGE

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 7.1.2022 BY VILLAGE OFFICER, VANDAZHI-I

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 1.10.2021 TO THE 4TH RESPONDENT SUBMITTED BY THE 1ST PETITIONER

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITION TO THE VILLAGE OFFICER

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 10.1.2021 TO GRANT PATTAYAM SUBMITTED BY THE 1ST PETITIONER

Exhibit P6 TRUE COPY OF THE LETTER NO.L.R.G/07/2020/9 DATED 4.4.2007

Exhibit P7 TRUE COPY OF THE REPORT DATED 7.1.2022 OF THE VILLAGE OFFICER IN RESPECT OF 1ST PETITIONER

Exhibit P8 TRUE COPY OF THE REPORT DATED 7.1.20220 OF THE VILLAGE OFFICER IN RESPECT OF 2ND PETITIONER ADDRESSED TO 1ST PETITIONER

Exhibit P9 TRUE COPY OF THE CARDIOVASCULAR SURGERY REPORT ON 29.1.2020