Kerala High Court
N.Thulaseedharan Unnithan vs The Local Level Committee on 23 February, 2022
IN THE HIGH COURT OF KERAI,A AT ERNAKULAM
PRESENT
THE HONouRABLE in. rusTICE SATHISH NINAN
WEDNESDAY, THE 23RD DAY OF FTEBRIJARY 2022 / 4TH PHAI-GUNA, 1943
WP(C) NO. 309210F 2021
pETITlcnun:
N. THULASEEDHARAN UNNITHAN
AGED 68 YEARS
S/O. NARAYANAN UNNITHAN, RESIDING AT HARISREE, PARUTHIYIL,
KURIYODU P.O. , CHADAYAMANGALAM, KOLLAM DISTRICT.
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
VIJAYKRISHNAN S.MENON
ANANDA PADMANABHAN
UTHARA A.S
RE SPONDENT :
THE LOCAL LEVEL COMMITTEE
KOLLAM DISTRICT (UNDER THE NATIONAL TRUST FOR WELFARE OF
PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND
MULTIPLE DISABILITIES ACT 1999), REPRESENTED BY THE
DISTRICT COLLECTOR, KOLLAM DISTRICT, PIN-691001.
BY ADV SADIQALI.M
SRI.V.RAMKUMAR NAMBIAR, AMICUS CURIAE
SMT. SATHYASREE PRIYA ESWARAN,AMICUS CURIAE
SRI RENJITH K.R., GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP- FOR ADMISSION ON
23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
W.P.(C) No.30921 of 2021
Dated this the 23rd day of February, 2022
JUDGMENT
The petitioner is the guardian appointed under the
National Trust for Welfare o`f Persons with Autism
Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act,1999, of his two siblings. To meet the
expenses to maintain the wards, the petitioner sought
permission of the respondent for sale of properties/
portions of the properties belonging to the wards and to
deposit the proceeds in a Bank. Though steps were taken
by the respondent with regard to the sale of the
properties as evidenced by Ext.Pll, it is not completed.
The inordinate delay in completing the proceedings for
sale of the properties has compelled the petitioner to
approach this Court.
2. Pursuant to the orders of this Court dated
12.©1.2©22 to ascertain the valuation of the property
involved, the Tahsildar, Kottarakkara, has submitted a
W.P.(C) No.30921 of 2021
-: 2 :-
report dated ©5.©2.2022 before this Court. The basic
value, fair value etc. relating to the properties have
been indicated therein.
3. In the light of the above it is ordered that, as
and when purchaser/purchasers are identified by the
petitioner and brought before the authority with regard
to sale of the property/portions thereof , the respondent
shall cause the proceedings, for sale as is initiated
under Ext.Pll, to be completed and the sale effected
with reference to the valuation referred to supra,
within a period of one month there from.
The writ petition is disposed of as above. A copy
of the valuation report dated 05.©2.2022 submitted
before this Court shall be annexed to this ].udgment.
Sd/-
SATHISH NINAN
JUDGE
kns/-
I rTrue C;oTry I I
P.S. to Judge
APPENI)IX 0F WP(C) 30921/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 30.4.2009
BEFORE THE DISTRICT COLLECTOR, KOLLAM.
Exhibit P2 TRUE COPY OF THE MINUTES OF THE MEETING DATED
20.4.2010 AND THE CERTIFICATES.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 8.12.2011
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT .
Exhibit P4 TRUE COPY OF THE LETTER DATED 8.3.2013 ISSUED
BY THE DISTRICT COLLECTOR TO THE MANAGER,
INDIAN BANK, CHADAYAMANGALAM BRANCH, KOLLAM
DISTRICT .
Exhibit P5 TRUE COPY OF THE LETTER DATED 2.8.2013 TO
RES PONDENT .
Exhibit P6 TRUE COPY OF THE LETTER DATED 9.11.2013
ISSUED BY THE DISTRICT COLLECTOR TO VILLAGE
OFFICER CHADAYAMANGALAM.
Exhibit P7 TRUE COPY OF TliE REPORT SUBMITTED BY THE
VILLAGE OFFICER DATED 15.11.2013.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
7.8.2015 SUBMITTED BY THE PETITIONER BEFORE
THE DISTRICT COLLECTOR.
Exhibit P9 TRUE COPY OF THE TAHASILDAR REPORT DATED
15.11.2018 TO THE DISTRICT COLLECTOR.
Exhibit Plo TRUE COPY OF THE APPLICATION OF THE
PETITIONER DATED 8.4.2019 AND THE NOTE OF THE
LOCAL LEVEL COMMITTEE DATED 8.4.2019.
Exhibit Pll TRUE COPY OF THE LETTER DATED 7.6.2021 UNDER
THE RIGHT TO INFORMATION ACT AND THE NOTE
FILE .
Beflch wwk paLte-CI 202,2-
vc_ -tloTT[i ruu!t,cc cscttt`¢h N`nrty
\in No:-2-
E-CA NO : CA-2022-001298
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
10f Year 2022
WP(C) No.30921/2021
N.THULASEEDHARAN UNNITHAN Petitfone
THE LOCAL LEVELCOMMllTEE : Respondent
a
Sd/-
E-VERIFIED
GOVERNMENT PLEADER
GP-2
I"flo-
BEFORE THE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAM
0f Year 2022
ln
WP(C) No.30921/2021
N.THULASEEDHARAN UNNITHAN Petitioner
V/S
THE LOCAL LEVELCOMMllTEE, : Respondent
KOLLAM DISTRICT REPRESENTED
BY DISTRICT COLLECTOR, KOLLAM
INDEX
SL Contents Page NOs
1 MEMO FILED AS PER DIRECTION OF THIS HON'BLE COURT ON 12.01.2022 1-3
Sd/-
E-VERIFIED
GOVERNMENT PLEADER
®
BEFORE THE HONOURABLE HIGH COURT 01= I{EFIALA
AT EIINAKUI.AM
W.P.fc` No. 30921 Of 2021
N. Thulaseedharan Unnlthan Petitioner
V.
The Local Level Committee, Kollam
Dlstrlct {under the National Trust for
Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardat]on
and Multiple Disablllties Act, 1999),
Represented by the District Collector,
Kollam Respondent
MEMO FILED BY ThE COVERNMEIIT PLEADED AS PER THE
DIRECTloN oF Ti+Is iroNBLE couRT DATED 12.oi.zo22
® As per the direction Of this Hontole Court dated 12.01.2022,
copy Of the details Of the property and Valuation report obtained
from Tahsildar, Kottarakkara along with covering letter No.
DCKLM/252/2022-M9 dated 05.02.2022 ffom the District Collector,.
Kollam are produced herewlth.
Dated thls the 7th day of February, 2022.
Q¢y
PRAMOD P.G.
GOvEianMENT PLEADER
I
W921ograo22
-, -2.
DCKi.W252/2022-M9
Collectorate, Kdiam
Dated : 05-02-2022
District Collector,
Kollam
Advocate Cieneral,
Eranakufam, Kerala
Sir,
Subject:- WP(C) 3092W21 -High Court of Kerala -Subrritting report -F3egaral.ng
ngdco:- 1. That Ofrroe letter No, WP(C) 3092V/21 Dated, 13.01.2022
2. Report of the Tchsildar, Kottarakkara Dated, 04.02.2022
Kind attention is Invited to the references cited. I am furnish.ng herewith the report in
the above case f or your kind information and necessary action
Yours falthlully
For D.strict Collector
Deputy Collector (General)
®
Phone: 0474-2793473. Emall:[email protected] com . dcklm, [email protected]
§lgived by Afooua Perween
lAS
Ddt.: 05il2-2022 13:43:38
-I,
I/92108/2022' -5-
-,
Rei]ort sirmed before llon'ble didb Court bv
let respondent_as Per the interim order dated 12/1ee h Wpi
As per the interim order in Writ pethion no 30921¢021 filed b¢ri Thubseedharan
Unnithar\ Lfarisree, ParuthiyiL Kuriyod PO, ChatayarmangalaiTi, the cletajls of property along
with the valuation report obtained from Tahsildar Kottarakkara are furnished as below.
lsL Fairvafue /re
Block/ I Cfategory Bast§ Total
No. Survey Number xtent of fand Value Value
Block41Resurvey 88no
30.40res
t. Dry bnd 6620/- 70081. 9000/-
1t.25Ares7.28Alres18.53Ares
Block41F3e§urvey195/8r'gr`
2 wet fend T'77.5/N- 51467/- 2000/-
The Tahsildar, Kottarckkara also reported that the survey rwher noted as 82/10 in
application is not correct and that the correct Flesilrvey Number is 88/10.
®
The Tansildar has further reported that the said Gopimathan Unmhari brother of the
a petitioner Sri Thufasidharan hawhg disabin'ly, died on 13.07.2020, They also possess the
follc>wing landed properties in Chadayamangalam VIlage.
S'. Block Ple-survey
Extent
No Nhober NhrTfoer
1. 41 173/10 33.00 Ares
2. 41 T73/g 32.40 Ares
3. 41 173/re 29.60 Ares
4. 41 17av-3 9.G0 Ares,
5. 41 T73ni-3 V.81 Ares
6. 41 t73H5-3 20.24 Ares
TTie above details are subrritted for kind coms.rderation and necessary actfori
