Abdul Salam M vs The Tahsildar
2022 Latest Caselaw 5362 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. 10870 OF 2022


PETITIONER:

            ABDUL SALAM M., AGED 62 YEARS
            CHAIRMAN, APRM EDUCATIONAL TRUST, CHITHARA,
            S/O.MYTHEEN BAVA RAWTHER, VILAYAIL VEEDU,
            CHITHARA, KOLLAM, PIN - 691 559.

            BY ADVS.
            AJAYA KUMAR. G
            M.JAYAKRISHNAN


RESPONDENTS:

    1       THE TAHSILDAR,THALUK OFFICE, KOTTARAKKARA,
            KOLLAM DISTRICT, PIN - 691 506.

    2       THE VILLAGE OFFICER, MANGODU VILLAGE,
            CHITHARA, KOLLAM DISTRICT, PIN - 691 559.


            SR GP-SMT.MABLE C KURIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 10870/22
                                     2



                          JUDGMENT

The singular prayer of the petitioner in this Writ Petition is

that the 1" respondent - Tahsildar be directed to take up and

consider Ext.P3 application, seeking Land Use Certificate for the

property involved in this case, within a time frame to be fixed

by this Court.

2. The afore request of Sri.Ajayakumar G. - learned counsel

for the petitioner, was answered by Smt.Mable C. Kurian learned

Senior Government Pleader, saying that Ext.P3 cannot be

disposed of without a proper enquiry, since the attributes and

credentials of the property will have to be properly ascertained

and finalised. She submitted that, therefore, if this Court is

inclined to direct the 1" respondent to consider Ext.P3, then

liberty may be reserved to him to dispose it of as per law.

3. When I consider the afore submissions, it is without

doubt that when this Court directs a particular action to be taken

by an Authority, it is to be done in the manner as is postulated WPC 10870/22

in law and not otherwise. In that perspective, I am certain that

the petitioner is entitled to the limited relief sought for.

Resultantly, I order this Writ Petition and direct the 1 st

respondent to take up Ext.P3 application of the petitioner and

dispose it of, after affording him an opportunity of being heard

and after following procedure, including conduct of necessary

enquiry and other proceedings/investigation as may be warranted;

thus culminating in an appropriate order and necessary action

thereon as expeditiously as is possible but not later than two

months from the date of receipt of a copy of this judgment.

I make it clear that have not considered the merits of any

of the contentions of the rival parties and they are all left open

to be decided by the 1 st respondent appropriately when the afore

exercise is completed.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 10870/22


               APPENDIX OF WP(C) 10870/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE POSSESSION CERTIFICATE

DATED 16/03/2019 ISSUED IN FAVOUR OF THE PETITIONER AND HIS WIFE.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 03/04/2021 ISSUED IN FAVOUR OF THE PETITIONER AND HIS WIFE FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 01/02/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE NCTE DATED 14/03/2022.