Kerala High Court
Mareena Sukumaran vs State Of Kerala on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
O.P.(C) NO.797 OF 2022
PETITIONER/APPLICANT:
MAREENA SUKUMARAN,
AGED 53 YEARS, W/O. SUKUMARAN,
PULIYALLIYIL HOUSE,
ILANKAD, KOOTTIKKAL VILLAGE,
KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT-686 514.
BY ADV. V.S. BABU GIREESAN
RESPONDENTS/STATE & RESPONDENT, THE TITLE HOLDER AND THIRD PARTY:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM-686 002.
3 THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KOTTAYAM-686 002.
4 THE POOVARANI DEVASWOM,
POOVARANI THEKKEMADOM,
THREKKEMADOM ROAD, PAZHAYA NADAKKAVU,
THRISSUR, REPRESENTED BY ITS MANAGER,
THEKKEMADOM, THRISSUR-680 001.
5 M.N. MOHANAN,
AGED 72 YEARS,S/O. NARAYANAN VAIDYAN,
RESIDING AT MANIPUZHA HOUSE,
MUNDAKKAYAM, ERUMELI NORTH VILLAGE,
KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT-686 509.
R1-R3 SMT. SYLAJA S.L., GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
O.P.(C) NO.797 OF 2022
C.S. DIAS, J.
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O.P.(C) No.797 of 2022
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Dated this the 9th day of June, 2022
JUDGMENT
The original petition is filed, inter alia, to direct the
3rd respondent to dispose of Ext.P1 application within a
time frame.
2. The concise case of the petitioner in the original
petition is that she is the occupant of a hut situated in
Survey No.126/5 in Block No.79 of Koottikkal Village in
continuation of the occupation by husband and his father
for the last 65 years. The property is owned by the 4 th
respondent. The petitioner is eligible to get purchase
certificate of kudikidappu right. She has filed Ext.P5
application before the 3rd respondent as early as in the
year 2010. The application was accepted and was
numbered as S.M.P No.30/2010. However, the
proceedings are lying idle for the last 12 years. While so,
the 5th respondent, who is not a party in the proceeding,
O.P.(C) NO.797 OF 2022
has filed Ext.P2 objection to reject Ext.P1 application.
Even though the petitioner was appearing before the 3 rd
respondent, the proceeding has been adjourned from
time to time. The petitioner has also filed Ext.P11
application to consider the right of the 5 th respondent to
participate in the proceeding. The petitioner is now aged
53 years. Despite the long pendency of Ext.P1, no action
has been taken by the 3rd respondent. Hence the original
petition.
3. Heard Sri. V.S. Babu Gireesan, the learned
counsel appearing for the petitioner and the learned
Government Pleader appearing for respondents 1 to 3.
Although notice has been served on repondents 4 and 5,
there is no appearance for them.
4. On a consideration of the pleadings and
materials on record, it is a fact that Ext.P1 application is
pending consideration before the 3rd respondent since
2010. The proceedings have been adjourned from time to
time and no final order has been passed. Certainly, grave
O.P.(C) NO.797 OF 2022
prejudice and hardship has been caused to the petitioner
due to the inaction of the 3rd respondent in not bringing a
finality to the proceeding.
5. In the aforesaid factual circumstances, in
exercise of the supervisory powers of this Court under
Article 227 of the Constitution of India, I direct the 3 rd
respondent to consider and dispose of Exts.P1 and P11
applications, in accordance with law, after considering all
the available pleadings and materials on record,
including the objection of the 5th respondent. Needful
shall be done by the 3rd respondent as expeditiously as
possible, at any rate, within a period of six months from
the date of receipt of a copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S. DIAS
JUDGE
bpr
O.P.(C) NO.797 OF 2022
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT1 COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER SUBMITTED BEFORE THE 3RD
RESPONDENT IN THE YEAR 2010.
EXHIBIT2 COPY OF THE PETITION FILED BY THE 5TH
RESPONDENT BEFORE THE 3RD RESPONDENT DATED
05.03.2012.
EXHIBIT3 COPY OF THE REPLY UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P3(A) COPY OF THE VAKALATH OF THE 5TH RESPONDENT.
EXHIBIT P4 COPY OF THE CERTIFICATE ISSUED FROM THE
VILLAGE OFFICE TO PRODUCE BEFORE THE LOCAL
PANCHAYAT.
EXHIBIT P5 COPY OF THE LETTER DATED 19.02.2020 ISSUED
BY THE 4TH RESPONDENT, THE TITLE HOLDER TO
THE PETITIONER.
EXHIBIT P5(A) TRUE COPY OF THE RECEIPT OF PURCHASE MONEY
DATED 19.02.2020 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P6 COPY OF THE APPLICATION FILED BEFORE THE
3RD RESPONDENT ON 23.06.2020 FOR ACCEPTING
P5 & P5(A) BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 COPY OF THE OBJECTION AGAINST EXT.P2 FILED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P8 COPY OF THE BUILDING PERMIT OBTAINED BY THE
PETITIONER FROM THE LOCAL PANCHAYAT.
EXHIBIT P8(A) COPY OF THE LOCATION MAP OF THE KUDIKIDAPPU
LAND ISSUED BY THE VILLAGE OFFICER TO BE
PRODUCED BEFORE THE PANCHAYAT.
O.P.(C) NO.797 OF 2022
EXHIBIT P9 COPY OF THE OCCUPANCY CERTIFICATE OF THE
PETITIONER IN THE KUDIKIDAPPU LAND TO BE
PRODUCED BEFORE THE LOCAL PANCHAYAT.
EXHIBIT P10 COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT ON 18.07.2017 DIRECTING THE
TAHSILDAR TO TAKE ACTION AND REPORT.
EXHIBIT P11 COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT TO
CONSIDER THE RIGHT OF THE 5TH RESPONDENT ON
12.02.2022.
EXHIBIT P12 COPY OF THE PETITION FILED BY THE
PETITIONER UNDER SECTION 105 OF THE KLR ACT
BEFORE THE 3RD RESPONDENT.
EXHIBIT P13 COPY OF THE REPORT OF THE VILLAGE OFFICER
DATED 25.02.2022 FILED BEFORE THE 3RD
RESPONDENT.
EXHIBIT P14 COPY OF THE PETITION FILED BY THE 5TH
RESPONDENT TO RETAIN HIM AS OBSTRUCTOR IN
THE PROCEEDINGS ON 01.04.2022.
EXHIBIT P15 COPY OF THE OBJECTION AGAINST EXT.P13 FILED
BY THE 5TH RESPONDENT ON 01.04.2022.
EXHIBIT P16 COPY OF THE OBJECTION FILED BY THE 5TH
RESPONDENT AGAINST THE REPORT OF THE
TAHSILDAR DATED 01.04.2022.
EXHIBIT P17 COPY OF THE APPLICATION FOR THE B DIARY OF
THE PROCEEDINGS IN SMP NO.30/2010 ON
02.04.2022.
EXHIBIT P18 COPY OF THE ORDER IN I.A.NO.140/2019 AND
I.A.NO.5 OF 2022 IN O.S.NO.27/2019 OF THE
MUNSIFF COURT, ERATTUPETTA.
