Ajeesh.E.A vs District Collector
2022 Latest Caselaw 6663 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 13848 OF 2022
PETITIONER:

          AJEESH.E.A
          S/O. ALIYAR, EDASSERYKUDY VEEDU, PATTIMATTOM,
          KUNNATHUNADU, ERNAKULAM - 683562
          BY ADVS.
          MANSOOR.B.H.
          SAKEENA BEEGUM


RESPONDENTS:

    1     DISTRICT COLLECTOR
          CIVIL STATION, THRISSUR - 680 003
    2     TAHSILDHAR
          THALAPILLY TALUK, TALUK OFFICE, WADAKANCHERY,
          THRISSUR - 680 623
    3     VILLAGE OFFICER
          VENGANALLOOR VILLAGE, VENGANALLOOR, THRISSUR - 627 729
          SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13848 OF 2022
                                       2


                  P.V.KUNHIKRISHNAN, J.
                 ------------------------------
                W.P.(C).No. 13848 of 2022
         ----------------------------------------------
          Dated this the 09th day of June, 2022

                          JUDGMENT

The above writ petition is filed with the following prayers:

"(1) Issue a Writ of Mandamus commanding the respondent 2 and 3 to complete the proceedings pertaining to the issuance of a location sketch on the basis of Ext.P3 Certificate for submitting an application for quarrying permit in Block No:72, Thandaper No:751/A Re Survey No:105/6 of Venganalloor Village, Thalappilly Taluk, Thrissur District with in a time frame."[SIC]

2. When this writ petition came up for

consideration, the counsel appearing for the

petitioner submitted that, in similar situations this

Court passed several orders and one of the

judgment is produced by the learned counsel, which

is the judgment dated 03.03.2017 in W.P.

(C)No.3372/2017.

3. Heard counsel appearing for the petitioner and WP(C) NO. 13848 OF 2022

the learned Government Pleader.

4. After hearing both sides, I think a similar order

in tune with the judgment in W.P.(C)No.3372/2017 dated

03.03.2017 can be issued in this case also. It will be

beneficial to extract the relevant portion of the judgment

in W.P.(C)No.3372/2017 dated 03.03.2017:

"4. In my considered opinion, petitioners are also entitled to get the benefit of the judgments rendered by this court in W.P.(C).31477/2011 and connected cases dated 13.2.2015 and other subsequent judgments rendered by this court in various writ petitions. Moreover, it is the well settled proposition in law that, mutation of property is effected for fiscal purposes. Tax is also received for the fiscal purpose. The location sketch and the occupancy certificates are issued by the Revenue Authorities in accordance with the possession held by the respective petitioners. Therefore, in my considered opinion, the petitioners in the writ petitions are entitled to get the reliefs sought for in the writ petition.

Accordingly there will be a direction to the competent among respondents to effect mutation of the property of the petitioners after providing an opportunity of hearing to the petitioners or any other interested or affected persons within two months from the date of receipt of a copy of this judgment. The Revenue Authorities are also directed to carry out necessary enquiry and issue possession as well as WP(C) NO. 13848 OF 2022

location sketch in accordance with law within a period of two months from the date of receipt of a copy of this judgment. The consideration of any application submitted by the petitioners and rejection in an earlier proceedings should not stand in the way of carrying out the directives contained above. I also make it clear that, the directives to be implemented as per the direction of this court will be guided by any action initiated by the statutory authorities in accordance with law and in accordance with the provisions of the Kerala Land Reforms Act, 1963.

Writ petition is allowed accordingly."

5. In the light of the same, a similar order can be

passed in this case also. Accordingly, there will be a

direction to the competent authority among the

respondents to complete the proceedings pertaining to

the issuance of location sketch. But I make it clear that

the statutory authorities are free to proceed in

accordance to the provisions of the Kerala Land Reforms

Act, 1963, if there is any such proceedings pending.

Therefore this writ petition is disposed of in the

following manner:

i. The respondents 2 and 3 are directed to

complete the proceedings pertaining to the issuance of WP(C) NO. 13848 OF 2022

location sketch and issue the location sketch, as

expeditiously as possible, at any rate, within a period

of two months from the date of receipt of a copy of this

judgment.

ii. I make it clear that the statutory authorities

are free to proceed in accordance to the Kerala Land

Reforms Act, 1963, if there is any proceedings pending

or they intend to initiate.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13848 OF 2022

APPENDIX OF WP(C) 13848/2022

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE THANDAPER ACCOUNT OF THE PROPERTY IN SURVEY NO 105/6 OF VENGANALLOOR VILLAGE EXHIBIT P2 TRUE COPY OF THE CONSENT DATED 30-09-

2021 ISSUED BY SRI JAMES, CHALACKAL HOUSE, CHELAKARA, THALAPALLY TALUK, THRISSUR EXHIBIT P3 COPY OF THE CERTIFICATE BEARING NO 1789/2021 ISSUED BY THE THIRD RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE