Kusan V.D vs Tahsildar, Ambalappuzha Taluk
2022 Latest Caselaw 5573 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                      WP(C) NO. 16252 OF 2022
PETITIONER:

             KUSAN V.D.,
             AGED 58 YEARS
             SON OF DAMODARAN, VIRIPPINVELI, PUNNAPRA P.O.,
             ALAPPUZHA, PIN: 688004.
             BY ADVS.
             C.G.BINDU
             AJITHA C.G.
             K.J.SARANYA RAJ


RESPONDENTS:

     1       TAHSILDAR, AMBALAPPUZHA TALUK,
             LAND TRIBUNAL - 2, TALUK OFFICE, NEAR DISTRICT
             COURT, ALAPPUZHA, PIN: 688001.
     2       VILLAGE OFFICER, PUNNAPRA VILLAGE OFFICE,
             PUNNAPRA P.O., ALAPPUZHA, PIN : 688004.
OTHER PRESENT:

             SMT.MABLE C .KURIAN SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.05.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16252 OF 2022           2

                              JUDGMENT

The petitioner prays that Ext.P10 application preferred by him

under the provisions of Section 72C of the Kerala Land Reforms Act

be directed to be taken up and disposed of by the competent

respondent, within a time frame to be fixed by this court.

2. The afore request of Smt.C.G.Bindu - learned counsel for

the petitioner, was answered by the learned Senior Government

Pleader - Smt.Mable C.Kurian, submitting that she does not have

instructions as to whether Ext.P10 application has been received by

the competent Authority, but added that if it has been so, then there

does not appear to be any legal impediment in the same being

disposed of in terms of law; however, praying 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.

Taking note of the afore submissions, I order this writ petition

and direct the 1st respondent - Tahsildar to take up Ext.P10

application, if it has already been received, and to dispose of the

same, after affording an opportunity of being heard to the petitioner;

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.

If, on contrary, Ext.P10 has not been yet received in the Office

of the 1st respondent, the said Authority will requisition the petitioner

to make available a copy of the same, which shall be acceded to

within a period of one week from such request, so that the afore

directions can be complied without delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/26.5

APPENDIX OF WP(C) 16252/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PARTITION DEED NO.2797/05 DATED 28.5.2005 OF ALAPPUZHA SUB REGISTRY.

Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT FOR THE PERIOD 2021-2022 ISSUED FROM THE VILLAGE OFFICE, PUNNAPRA.

Exhibit P3 TRUE COPY OF SALE DEED NO.5037/2008 DATED 30.9.2008 OF ALAPPUZHA SUB REGISTRY EXECUTED IN FAVOUR OF THE PETITIONER BY HIS BROTHER PRAKASH.

Exhibit P4 TRUE COPY OF LAND TAX RECEIPT FOR THE PERIOD 2021-2022 ISSUED FROM VILLAGE OFFICE, PUNNAPRA DATED 25.02.2022. Exhibit P5 TRUE COPY OF LOCATION CERTIFICATE NO.2547/17 DATED 24.10.2017 ISSUED BY 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF POSSESSION AND NON ATTACHMENT CERTIFICATE NO.2560/17 DATED 27.10.2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF FAIR VALUE CERTIFICATE NO.2560/17 DATED 27.10.2017 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER.

Exhibit P8 TRUE COPY OF EXTRACT OF TP ACCOUNT ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER. Exhibit P9 TRUE COPY OF NOTIFICATION NO. G.O. (P) NO.4/2019/RD DATED 18.1.2019 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P10 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26.3.2022 UNDER SECTION 72C OF THE KERALA LAND REFORMS ACT.

Exhibit P11 TRUE COPY OF JUDGMENT DATED 14.3.2008 IN W.P.(C) NO.28398/2017.