Kerala High Court
Dr. Kamala Radhakrishnapillai vs The Inspector General Of ... on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 18383 OF 2023
PETITIONER/S:
DR. KAMALA RADHAKRISHNAPILLAI
AGED 47 YEARS
D/O DR P.K RADHAKRISHNAPILLAI, ROHINI, T.C 14/1690,
FOREST OFFICE LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM., PIN - 695014
BY ADVS.
SAJU J PANICKER
KURIAN K JOSE
RESPONDENT/S:
1 THE INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR P. O, THIRUVANANTHAPURAM ., PIN - 695035
2 THE DISTRICT REGISTRAR
OFFICE OF THE DISTRICT REGISTRAR, 1ST FLOOR,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM ., PIN -
695023
*ADDL.R3 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM (IMPLEADED
AS PER ORDER IN I.A.NO.1/2023IN WPC 18383/2023 DATED
14.8.2023
OTHER PRESENT:
SMT. PREETHA K K (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.18383/2023 2
JUDGMENT
The writ petitioner claims to be in absolute owner in possession and
enjoyment of 24 cents of land in Survey No.1445/B and 1445/B-1 of
Kadakampally Village, Thiruvananthapuram Taluk. According to the
petitioner, the adjacent property (having an extent of 35 cents) belongs to
one Shereefa Hussain. According to the petitioner, the said land is
comprised in Survey No.1445/A of the very same Village. It is the case of
the petitioner that out of the said land belonging to Shereefa Hussain, an
extent of 18.5 cents was acquired by the Government for widening the
Poonthi-Venpalavattom Road and this acquisition was the subject matter
of LAC No.34/1978. It is the complaint of the petitioner that despite the
fact that the said extent of land was acquired out of the properties
belonging to the aforesaid Shereefa Hussain, documents have been
executed transferring the entire extent of 35 cents in favour of third
parties. The petitioner has filed Ext.P8 representation before the
additional 3rd respondent- District Collector, Thiruvananthapuram. The
only prayer now sought for by the petitioner is for a direction to the
additional 3rd respondent to consider Ext.P8 and pass orders thereon,
within a time frame to be fixed by this Court.
2. The learned counsel for the petitioner would also submit that
Exts.P2 and P7 clearly establish that the allegations raised by the
petitioner are correct.
3. The learned Government Pleader submits that there is no
objection in a direction being issued to the additional 3 rd respondent to
consider Ext.P8 in accordance with the law.
Having heard the learned counsel for the petitioner and the learned
Government Pleader, this writ petition will stand disposed of directing
the additional 3rd respondent to consider and pass orders on Ext.P8, after
affording an opportunity of hearing to the petitioner and any other
person/ persons who may be interested in the properties which are
subject matter of Exts.P2 andP7 and after taking note of Exts.P2 and P7,
within a period of three months from the date of receipt of a certified
copy of this judgment.
sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 18383/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED
30.08.2022 ISSUED BY THE VILLAGE OFFICER,
KADAKAMPALLY.
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
31.10.2022 OF THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM .
Exhibit P3 THE TRUE COPY OF THE SETTLEMENT DEED NO:
863/2023 OF THIRUVANANTHAPURAM PRINCIPAL
SRO .
Exhibit P4 THE TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 14.09.2022 OF PROPERTIES
IN SY NO: 1445/A OF KADAKAMPALLY VILLAGE.
Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED
16.05.2023 FILED BEFORE THE 1ST RESPONDENT
.
Exhibit P6 THE TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT ,
Exhibit P7 THE TRUE COPY OF THE REPORT DATED
23.06.2023 OF THE 2ND RESPONDENT
Exhibit P8 THE TRUE COPY OF THE COMPLAINT DATED
10.07.2023 FILED BEFORE DISTRICT
COLLECTOR, THIRUVANANTHAPURAM
