R.Sheeja vs The Tahsildar(Lr)
2022 Latest Caselaw 3209 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 2642 OF 2022
PETITIONER:

          R.SHEEJA, AGED 62 YEARS,
          W/O. R.M. PARAMESWARAN,
          SWARARAGASUDHA, SREECHITRA NAGAR, PANGODE,
          THIRUVANANTHAPURAM - 695 006.

          BY ADVS.T.H.ABDUL AZEEZ
          K.P.MAJEED
          MOHAMMED SADIQUE.T.A



RESPONDENTS:

    1     THE TAHSILDAR(LR),
          L.R. TAHSILDAR'S OFFICE, KOTTAIKAKAM,
          PAZHAVANANGADI, THIRUVANANTHAPURAM - 695 004.

    2     THE REVENUE DIVISIONAL OFFICER (RDO),
          THE REVENUE DIVISIONAL OFFICE, COLLECTORATE,
          THIRUVANANTHAPURAM - 695 004.

    3     THE STATE OF KERALA,
          REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

          SMT.MABLE C KURIAN SR G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2642 OF 2022
                                  -2-

                               JUDGMENT

The petitioner alleges that, in spite of the

directions in Ext.P6 judgment dated 08.12.2020, in

W.P.(C) No.27110/2020, no action has been taken by the

competent Authority, thus constraining her to have

preferred Ext.P9 representation before the 1st

respondent - Tahsildar(LR). The petitioner, therefore,

prays that Ext.P9 be directed to be taken up and

disposed of by the said Authority, within a time frame

to be fixed by this Court.

2. Sri.T.H.Abdul Azeez - learned counsel for the

petitioner, explained that even though the land

alloted to his client under a valid "Patta" is stated

to be encroached by other persons, as is evident from

Ext.P7 report, there is sufficient land next to it,

which will be enough to honour her claim. He submitted

that, therefore, if Ext.P9 is directed to be disposed

of from this angle also, she is confident to obtain

substantial justice.

WP(C) NO. 2642 OF 2022

3. When I consider the afore submissions, it is

luculent that, on an earlier occasion, the petitioner

had approached this Court and obtained Ext.P6

judgment, whereby, a learned Judge of this Court had

directed the Tahsildar to implement the directions of

the District Superintendent of Survey,

Thiruvananthapuram, dated 06.11.2020 - a copy of

which was appended to the said writ petition as

Ext.P5.

4. Since Sri.T.H.Abdul Azeez now says that, in

Ext.P9, his client has also requested that the factum

of encroachment be taken note of and land available be

substituted, I am certain that these are matters which

will need to be considered by the Tahsildar in its

proper perspective, after hearing her.

Resultantly, I order this writ petition and

direct the 1st respondent - Tahsildar (LR), to take up

Ext.P9 representation and dispose of same, adverting

to the directions in Ext.P6 judgment, as also the

contentions of Sri.T.H.Abdul Azees afore recorded, and WP(C) NO. 2642 OF 2022

after affording an opportunity of being heard to the

petitioner, as also any other interested person; thus

culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but

not later than three months from the date of receipt

of a copy of this judgment.

Needless to say, I have not considered the claim

of the petitioner, as made in Ext.P9, on its merits

and that it is left to the Tahsildar to take an

apposite decision thereon, after considering all

germane and relevant aspects.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 2642 OF 2022

APPENDIX OF WP(C) 2642/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PATTAYAM NO. L.A. II-

I/95 DATED 30.01.1995 IN RESPECT OF THE LAND WAS ISSUED TO LATE GOPALA PILLAI BY THE TAHSILDAR, THIRUVANANTHAPURAM TALUK.

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.

3925 OF 2011 DATED 14.12.2011 OF THE SUB REGISTRAR,S OFFICE PATTOM EXECUTED BY GOPALA PILLAI IN FAVOUR OF HIS DAUGHTER, THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19/10/2011 IN RESPECT OF THE 7.750 CENTS OF LAND ISSUED TO THE PREVIOUS OWNER LATE GOPALA PILLAI.

EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19/10/2021 ISSUED TO THE PREVIOUS OWNER LATE GOPALA PILLAI.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO. J5-

16873/18 DATED 06.11.2020 OF THE DISTRICT SUPERINTENDENT OF SURVEY, THIRUVANANTHAPURAM.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 8/12/2020 IN WPC NO. 27110 OF 2020.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DATED 16.3.2020 RECEIVED ON AN APPLICATION AS PER THE R.T.I. ACT.

EXHIBIT P8 TRUE COPY OF THE REPORT OF THE PATTOM VILLAGE, OFFICER DATED 09.02.2011 SUBMITTED BEFORE THE IST RESPONDENT WITH TYPED COPY PRODUCED.

WP(C) NO. 2642 OF 2022

EXHIBIT P8 (A) TRUE COPY OF THE SKETCH SHOWING THE ENCROACHMENTS AND REMAINING AREA COVERED UNDER EXT. P1.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 3.10.2021 TO THE RESPONDENTS 1 AND 2.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE