Kerala High Court
The District Collector, ... vs Suseela on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
CON.CASE(C) NO. 787 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 1356/2019 OF HIGH COURT OF KERALA
PETITIONERS:
1 SUSHEELA PRASAD, AGED 70 YEARS, W/O.LATE PRASAD, MANALIL
HOUSE, PUTHUVYPE.P.O, VYPIN, ERNAKULAM.
2 VIJU, AGED 45 YEARS, S/O.LATE PRASAD, MANALIL HOUSE,
PUTHUVYPE.P.O, VYPIN, ERNAKULAM.
BY ADVS.
K.R.VINOD
SMT.M.S.LETHA
KUM.K.S.SREEREKHA
SRI.NABIL KHADER
RESPONDENT:
A.J. THOMAS, (AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER) THE TAHSILDAR, KOCHI TALUK, K.B JACOB ROAD, FORT
KOCHI KOCHI-682 001
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16.03.2022, ALONG
WITH RP.413/2020, 412/2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
RP NO. 413 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 1356/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS:
1 THE DISTRICT COLLECTOR
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, KOCHI-682 030.
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI-682 005.
3 THE TAHSILDAR, KOCHI TALUK, TALUK OFFICE, FORT KOCHI-682
005.
4 THE STATE PUBLIC INFORMATION OFFICER AND JUNIOR
SUPERINTENDENT
(M) SECTION, TALUK OFFICE, KOCHI-682 005.
5 THE VILLAGE OFFICER
ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA P.O., KOCHI-682
505.
BY ADV GOVERNMENT PLEADER
RESPONDENTS:
1 SUSEELA, W/O. LATE PRASAD, MANALIL HOUSE, PUTHUVYPU,
MANIPURAM P.O., ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA
P.O., KOCHI-682 505.
2 VIJU, S/O. SUSEELA, MANALIL HOUSE, PUTHUVYPU, MANIPURAM
P.O., ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA P.O., KOCHI-
682 505.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16.03.2022, ALONG
WITH Con.Case(C).787/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
RP NO. 412 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 17933/2012 OF HIGH COURT OF KERALA
REVIEW PETITIONERS:
1 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD, KOCHI-682 030.
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI-682 005.
3 THE ADDITIONAL TAHSILDAR,
KOCHI TALUK, TALUK OFFICE, FORT KOCHI-682 005.
4 THE VILLAGE OFFICER,
ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA P.O., KOCHI-682
505.
BY ADV GOVERNMENT PLEADER
RESPONDENTS:
1 SUSEELA, W/O.LATE PRASAD, MANALIL HOUSE, PUTHUVYPU,
MANIPURAM P.O., ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA
P.O., KOCHI-682 505.
2 BIJU, S/O.SUSEELA, MANALIL HOUSE, PUTHUVYPU, MANIPURA P.O.,
ELAMKUNNAPPUZHA VILLAGE, ELAMKUNNAPPUZHA P.O., KOCHI-682
505.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16.03.2022, ALONG
WITH Con.Case(C).787/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
4
ORDER
[Con.Case(C) Nos.787/2020, 413/2020, 412/2020]
These review petitions are filed by the State. The
controversy related to these cases is in respect of the land
comprised in survey number covered by LA No.49/76. One
Ulikkutty was the applicant. It is submitted that the files are
not traceable. This Court, upholding the claim of Ulikkutty,
ordered assignment of 25.5 cents of land which was held by
Ulikkutty at the time application for patta. The State
contented that the maximum extent of the land that can be
assigned under the Kerala Land Assignment Rules, 1964, is
only 15 cents.
2. However, this Court,overruling the objection,
ordered to assign 25.5 cents of land. These review petitions
were filed mainly pointing out that this Court had committed
an error in not taking into account the fact that the entire
land were in the possession of Ulikkutty. It is further
submitted that if that is reckoned, Ulikkutty cannot be
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
assigned any government land.
3. Be the disputed facts may stand as above, it is
admitted that Annexure C in R.P No.413 of 2020 proceedings
were issued assigning 15 cents of land in favour of the
respondents. This order is still in force. This was in the year
2000 as per LA No.533/2000. If that be so, the controversy
can put at rest, in view of the subsequent proceedings initiated
to assign the land and issue patta in favour of the respondents,
who are the daughter in law and grandson of Ulikkutty. This
Court need not embark upon any enquiry based on the
application filed by Ulikkutty as the dispute stands now
covered by the subsequent proceedings for land assignment.
The respondents submits that they would be satisfied if the
patta is issued as per Annexure C assignment order in LA
No.533 of 2000. Recording the above submission and taking
note of the facts and circumstances, these review petitions are
disposed of modifying the impugned judgment as above.
Necessary steps shall be taken to issue patta for the land
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
covered by Annexure C in R.P No.413 of 2020 confining to 15
cents within a period of two months. Accordingly, these
review petitions are disposed of.
In view of the above order, the Contempt Case is also
closed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
APPENDIX OF RP 413/2020
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF PROCEEDINGS OF TAHSILDAR, KOCHI
IN LA-840/95/C4.
ANNEXURE B TRUE COPY OF PROCEEDINGS OF TAHSILDAR, KOCHI
IN LA-841/95/C4.
ANNEXURE C TRUE COPY OF ASSIGNMENT ORDER DATED 13.6.08.
ANNEXURE D TRUE COPY OF RECEIPT 24.10.2008.
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
APPENDIX OF RP 412/2020
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF PROCEEDINGS OF TAHSILDAR, KOCHI
IN LA 840/95/C4.
ANNEXURE B TRUE COPY OF PROCEEDINGS OF TAHSILDAR, KOCHI
IN LA 841/95/C4.
ANNEXURE C TRUE COPY OF ASSIGNMENT ORDER DATED
13.06.2008.
ANNEXURE D TRUE COPY OF RECEIPT 24.10.2008.
Con.Case(C) No.787/2020 and R.P Nos. 413/2020 & 412/2020
APPENDIX OF CON.CASE(C) 787/2020
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA DATED 15.07.2019
