Citation : 2022 Latest Caselaw 9573 Ker
Judgement Date : 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 25658 OF 2022
PETITIONER:
ABDUL RASHEED E.M
S/O. MOIDEENKANNU,
SADAR MANZIL, ERAYANCODE,
VIDURA P.O, THOLIKODE,
THIRUVANANTHAPURAM -695 551.
BY ADVS.
SRI.K.J.MANU RAJ
SI.RAVI KRISHNAN
SMT.K.VINAYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANATHAPURAM -695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM DISTRICT - 695043.
3 TALUK ASSIGNMENT COMMITTEE
REP BY THE TAHSILDAR, NEDUMANGAD TALUK OFFICE,
MINI CIVIL STATION, NEDUMANGAD
THIRUVANANTHAPURAM DISTRICT,
PIN -695541.
4 THE TAHSILDAR
TALUK OFFICE, NEDUMANGAD TALUK,
MINI CIVIL STATION, NEDUMANGAD P.O,
THIRUVANANTHAPURAM DISTRICT -695541.
5 THE VILLAGE OFFICER,
THOLIKODU VILLAGE, P.O,
THIRUVANANTHAPURAM DISTRICT - 695541.
WP(C) NO. 25658 OF 2022
2
6 THE VITHURA GRAMA PANCHAYAT
REP BY ITS SECRETARY, VITHURA.P.O,
THIRUVANANTHAPURAM DISTRICT 695551.
SRI.BIMAL K.NATH, SR.GOVT.PLEADER
SRI.R.B.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25658 OF 2022
3
T.R. RAVI, J.
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W. P. (C). No.25658 of 2022
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Dated this the 25th day of August, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents 1 to
5. Adv.Sri.R.B.Rajesh takes notice for the 6th respondent.
2. The prayer in the writ petition is for a direction to the 4 th
respondent to consider and pass orders on Ext.P7 representation.
Ext.P7 representation is a continuation of an earlier representation
Ext.P3, which had been filed as early as on 17.05.2006. The issue
relates to grant of Patta. In Ext.P1, the Additional Sub Court,
Nedumangad had found that the claim of the petitioner's father with
regard to the property is justified and decreed the suit finding the
title and possession of the properties in favour of the petitioner's
father.
3. In such circumstances, this writ petition is disposed of
directing the 4th respondent to consider and pass orders on Ext.P7
having due consideration of Ext.P1 judgment, after hearing the
petitioner, at the earliest, at any rate, within two months from the
date of receipt of a copy of this judgment. The petitioner shall WP(C) NO. 25658 OF 2022
produce a copy of this writ petition along with a certified copy of
this judgment before the 4th respondent for compliance.
Sd/-
T.R. RAVI JUDGE
Pn WP(C) NO. 25658 OF 2022
APPENDIX OF WP(C) 25658/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN OS NO.
468/1986 DATED 9.3.1990.
Exhibit P2 A TRUE COPY OF THE DECREE IN OS NO.
468/1986 DATED 9.3.1990.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 17.5.2006 SUBMITTED BY THE PETITIONER TO THE TAHSILDAR NEDUMANGAD .
Exhibit P4 A TRUE COPY OF THE DECISION DATED 20.1.1995 OF VITHURA PANCHAYAT.
Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 24.1.1995 ISSUED BY THE EXECUTIVE OFFICER OF VITHURA PANCHAYAT TO TAHSILDAR NEDUMANGAD.
Exhibit P6 A TRUE COPY OF THE NOTICE PUBLISHED ON 9.11.1994 IN LA 5/94 UNDER RULE 12(1) BY THE TAHSILDAR.
Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16.7.2022.
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