Selin John vs State Of Kerala
2022 Latest Caselaw 5346 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                          WP(C) NO. 16193 OF 2022
PETITIONER

              SELIN JOHN
              AGED 83 YEARS
              W/O. MATHAI JOHN, ADIPUZHA HOUSE, VAIPUR P.O.,
              CHANGANACHERRY - 689 598, KOTTAYAM DISTRICT.
              BY ADVS.
              K.T.THOMAS
              MATHEW BOB KURIAN
              NIKHIL BERNY


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
              001.
     2        THE DISTRICT COLLECTOR,
              COLLECTORATE, PATHANAMTHITTA-689645.




              SR GP-K.AMMINIKUTTY



      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2



W.P.(C) No. 16193 of 2022




                            JUDGMENT

Dated this the 20th day of May, 2022.

The singular plea of the petitioner is that Ext.P6

application, preferred by him under Section 13A of the

Kerala Survey and Boundaries Act, 1961, be directed to

be taken up and disposed of by the 2 nd respondent -

District Collector, within a time frame to be fixed by this

Court.

2. The afore request of the petitioner, as made by

his learned counsel - Sri. Nikhil Berny N, was answered

by the learned Senior Government Pleader -

Smt.K.Amminikutty, saying that she has no instructions

as to whether Ext.P6 has been received in the office of

the 2nd respondent; but, adding that if it has been so,

then there does not appear to be any legal impediment

W.P.(C) No. 16193 of 2022

in the same being considered in terms of law. She,

however, prayed that this Court may not make any

affirmative declarations on the entitlement of the

petitioner to any relief and leave it to be decided by the

Competent Authority, in terms of law.

3. When I evaluate the afore submissions, it is

without doubt that Ext.P6 is stated to be a statutory

application. Obviously, therefore, it will require to be

taken up and decided by the 2nd respondent appositely.

Resultantly, I order this writ petition, directing the

2nd respondent to take up Ext.P6 application and dispose

of the same, after affording the petitioner an opportunity

of being heard; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as is

possible, but not later than four months from the date of

receipt of a copy of this judgment.

W.P.(C) No. 16193 of 2022

If, for any reason, it is to be found that Ext.P6 has

not been received yet, the 2 nd respondent will be at

liberty to seek a copy of the same from the petitioner,

which shall be acceded to by him without any avoidable

delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/20.05.2022.

W.P.(C) No. 16193 of 2022

APPENDIX OF WP(C) 16193/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF PURCHASE NO.907/1976 DATED 04.06.1976 ISSUED BY THE LAND TRIBUNAL, ALAPPUZHA.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT NO.

45 DATED 05.12.1984 ISSUED BY ANICADU VILLAGE OFFICE FOR THE YEAR 1984-85. Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT NO.

64 DATED 19.08.1991 ISSUED BY ANICADU VILLAGE OFFICE FOR YEAR 1990-91 & 1991-92.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 20.05.2015 IN A.S. NO.927/1996 OF THIS HON'BLE COURT.

Exhibit P5 TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF PROPERTY COMPRISED IN RESURVEY NO.392/1 OF ANICADU VILLAGE. Exhibit P6 TRUE COPY OF THE PETITION DATED 19.01.2022 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT.