Sheela Chacko vs The Tahsildar, Taluk Office, ...
2022 Latest Caselaw 650 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                      WP(C) NO. 27683 OF 2021
PETITIONER:

           SHEELA CHACKO,
           AGED 53 YEARS
           D/O.CHACKO, VIPIN BHAVAN, ALIKUKKU, THEKKEKKARA,
           PIRAVANTHOOR, PATHANAMTHITTA-689 696.
           BY ADV SERGI JOSEPH THOMAS


RESPONDENTS:

    1      THE TAHSILDAR, TALUK OFFICE, PATHANAPURAM,
           PIN-689 695.
    2      VILLAGE OFFICER, PIRAVANTHOOR VILLAGE,
           PATHANAPURAM TALUK, PATHANAMTHITTA-689 696.




           SMT.K.AMMINIKUTTY SR.G.P.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   2



W.P.(C)No. 27683 of 2021




                           JUDGMENT

Dated this the 14th day of January, 2022.

The petitioner says that even though she preferred

Ext.P4 application before the second respondent - Village

Officer, along with Ext.P1 Sale Deed, requesting that the

property covered by the same be transferred in Registry

in her favour, no action has been taken thereon by the

said Authority until now. She, therefore, prays that the

said respondent be directed to accede to her request,

within a time frame to be fixed by this Court.

2. Smt.K.Amminikutty - learned Senior

Government Pleader, in response, to Sri.Sergi Joseph

Thomas - learned counsel for the petitioner, submitted

that if the petitioner only requires Ext.P4 to be disposed

W.P.(C)No. 27683 of 2021

of as per law, she will not stand in the way; but prayed

that this Court may not make any affirmative

declarations on the entitlement of the petitioner to any

relief and leave it to be decided by the competent

Authority, in terms of law.

Taking note of the afore submissions, I order this

writ petition and direct the second respondent - Village

Officer to take up Ext.P4 application of the petitioner and

dispose of the same, after affording her an opportunity of

being heard; thus culminating in an appropriate order

and necessary action thereon, within a period of one

month from the date of receipt of a copy of this

judgment.

In order to obtain an expeditious compliance of the

afore directions, I direct the petitioner to mark

appearance before the second respondent - Village

W.P.(C)No. 27683 of 2021

Officer at 11:00 AM on 27.01.2022; on which day said

Authority will either hear her, or fix another convenient

date for hearing, but to complete the proceedings within

the afore time frame.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/15.01.2022.

W.P.(C)No. 27683 of 2021

APPENDIX OF WP(C) 27683/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.822/2002 DATED 14.05.2002 OF PATHANAPURAM SRO. Exhibit P2 TRUE COPY OF THE RECEIPT DATED 03/11/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 19.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 19.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 21.10.2021 IN RESPECT OF THE PROPERTY OF THE PETITIONER.