K.E.Aliyar vs The District Collector
2022 Latest Caselaw 9938 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 17478 OF 2022
PETITIONER:

          K.E.ALIYAR
          AGED 55 YEARS
          S/O. IBRAHIM, KARUKUNNATH HOUSE, PERINGALA P.O,
          KUNNATHUNAD, ERNAKULAM- 678 557.

          BY ADVS.
          I.DINESH MENON
          L.RAJESH NARAYAN(K/372/2003)


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE CIVIL STATION, KAKKANAD,
          ERNAKULAM- 682 030.

    2     THE VILLAGE OFFICER,
          KUNNATHUNADU VILLAGE, ERNAKULAM- 683 561.

    3     THE TAHSILDAR/TALUK OFFICER,
          KUNNATHUNADU TALUK, ERNAKULAM 683 561.

          SMT.V.DEEPA-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17478 OF 2022

                                     2

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C) No.17478 of 2022
                   --------------------------------------------
              Dated this the 31st day of August, 2022

                             JUDGMENT

The prayer in the writ petition is for a direction to the 2 nd

respondent to consider and pass orders on Exts.P5 and P6 within a

time limit and also for a direction to the 2 nd respondent to assign

the property to the petitioner for the beneficial enjoyment of his

property as sought for in Ext.P5.

2. The Government Pleader on instructions submits that

the property is a road puramboke and hence when Exts.P5 and P6

are considered, the view of the PWD will also have to be taken into

account. That is a matter for the 2nd respondent to consider.

In such circumstances, the writ petition is disposed of,

directing the 2nd respondent to consider and pass orders on Exts.P5

and P6 after hearing the petitioner and any such interested parties

including the PWD at the earliest, at any rate, within three months

from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 17478 OF 2022

APPENDIX OF WP(C) 17478/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.

2643/1/2020 DATED 07.08.2020 IN FAVOR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.11.2020.

Exhibit P3 TRUE COPY OF THE VALUATION CERTIFICATE PRODUCED BEFORE THE SUB REGISTRAR DATED 24.06.2020.

Exhibit P4 FEW PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 25.05.2022 BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE REQUEST TO CUT AND REMOVE TREES AND SHRUBS FALLEN DOWN TO WIND AND RAIN.

Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY.