Narayani vs The District Collector, Wayanad
2022 Latest Caselaw 3647 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                       WP(C) NO. 13256 OF 2012
PETITIONER/S:

               NARAYANI
               KOTARIKAL HOUSE, PULLURINJI, THONDAMADU VILLAGE,
               MANANTHAVADI, PIN 670 731.
               BY ADV SRI.S.M.PRASANTH


RESPONDENT/S:

    1          THE DISTRICT COLLECTOR, WAYANAD
               WAYANAD, PIN 673 121.
    2          THE VILLAGE OFFICER
               THONDAMADU VILLAGE, WAYANAD DISTRICT. PIN 673
               121.
    3          BABU
               S/O.JOSEPH, PALIATH VEEDU, PULLURINJI, P.O
               MATTILAYAM, VELLAMUNDA, VAYANAM, PIN 670 731.
    4          JOHNY
               S/O.JOSEPH, PALLATH VEEDU, PULLURINJI, P.O
               MATTILLALYAM, VELLAMUNDA, VAYANAM, PIN 670 731.
               BY ADV SRI.DINESH MATHEW J.MURICKEN


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   24.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 13256 of 2012



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 13256 of 2012
                       =============================================================

                   Dated this the 24th day of March, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent No.1 to consider and dispose Exhibit-P6 representation in accordance with law, expeditiously.

ii. Issue a writ of mandamus or other appropriate writ, order or direction, commanding the 1st respondent to initiate urgent statutory action against respondents 3 and 4 for encroaching into land assigned to members of Scheduled Tribes.

iii. Declare that the respondents 3 and 4 have no right or authority to trespass into the property covered by Exhibits-P2 and P4.

iv. Pass such other order or direction, as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case." (Sic)

2. The petitioner is an Adivasi woman belonging to the

Scheduled Tribe community 'Kuruman'. She obtained 2.43

Acres of land mentioned in Ext.P3 from the Goverment on a

W.P.(C). No. 13256 of 2012

scheme of Assignment of land for Scheduled Tribes from 8

Acres of land in Ext.P2. It is the definite case of the petitioner

that she has been in possession of the property since 1983 and

regularly paying land tax as evident by Ext.P5. Respondents 3

and 4 encroached upon the land and are attempting to take

unlawful possession of the property. The petitioner submitted

Ext.P6 representation before the District Collector, Wayanadu,

but no action was taken. Aggrieved by the same, this writ

petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The main prayer of the petitioner is to consider

Ext.P6 representation. This writ petition is pending before this

Court from 2012 onwards. There is no interim order passed in

this case. If there is any surviving grievance, the petitioner is

free to file a fresh representation narrating her grievance and

W.P.(C). No. 13256 of 2012

there can be a direction to the 1st respondent to consider the

same, in accordance to law.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to file a fresh representation before the 1st respondent, narrating the grievance, if there is any surviving grievance, within one month from the date of receipt of a copy of this judgment.

2. Once such a representation is received, the 1 st respondent will consider the same and pass appropriate orders in it, in accordance to law, at any rate, within two months from the date of receipt of a copy of the representation.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 13256 of 2012

APPENDIX OF WP(C) 13256/2012

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE VILLAGE OFFICER.

Exhibit P2 TRUE COPY OF THE ROUGH SKETCH OF 8.0781 HECTARES OF PROPERTY IN THONDARNADU VILLAGE.

Exhibit P3 TRUE COPY OF THE PATTA FOR 2.43 ACRES OF PROPERTY ASSIGNED BY THE GOVERNMENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE SKETCH OF 2.43 ACRES OF PROPERTY ASSIGNED TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE TAX RECEIPT FOR 2.43 ACRES OF PROPERTY ISSUED TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, WAYANAD.

Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT CARD RETURNED FROM 1STG RESPONDENT'S OFFICE WITH RESPECT TO EXHIBIT P6.

RESPONDENT EXHIBITS Exhibit R4(A) TRUE COPY OF THE JUDGMENT IN OS NO.196/1998 PASSED BY THE MUNSIFF COURT, MANANTHAVADI, DATED 26/05/2003. Exhibit R4(B) TRUE COPY OF THE DECREE IN OS NO.196/1998 PASSED BY THE MUNSIFF COURT, MANANTHAVADI, DATED 26/05/2003. Exhibit R4(C) TRUE COPY OF THE PATTA BEARING NO.468/1981 ISSUED BY THE LAND TRIBUNAL, MANATHAVADI, DATED 31/08/1981.

Exhibit R4(D) TRUE COPY OF THE DOCUMENT NO.141/2006 OF SRO VELLAMUNDA DATED 02/09/2006.