T.A. John vs The District Collector
2023 Latest Caselaw 12877 Ker

Citation : 2023 Latest Caselaw 12877 Ker
Judgement Date : 8 December, 2023

Kerala High Court

T.A. John vs The District Collector on 8 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                     WP(C) NO. 34456 OF 2023
PETITIONER:

           T.A. JOHN
           AGED 74 YEARS
           S/O ANTONY, THACHUTHARA, BTS ROAD, EDAPALLLY P.O.,
           EDAPPALLLY NORTH VILLAGE, KANAYANNUR TALUK,
           ERNAKULAM DISTRICT., PIN - 680025
           BY ADVS.
           V.N.SANKARJEE
           VIJAYAN PILLAI P.K.
           SAKIR.K.H.
           KEERTHI B. CHANDRAN
           SINEESH K.M.


RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           COLLECTORATE, FIRST FLOOR, CIVIL STATION,
           KAKKANAD, ERNAKULAM DISTRICT., PIN - 682030
    2      THE TAHSILDAR
           KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN -
           682011
    3      THE VILLAGE OFFICER
           EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT., PIN
           - 682024
OTHER PRESENT:

           SR.GP. SMT. DEEPA NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) No. 34456 of 2023
                               2

                            JUDGMENT

The petitioner is the owner of the property

covered by Ext. P1 settlement deed. Pursuant to Ext.

P1 settlement deed, the property was mutated. The

petitioner also sold certain portion of the property.

However, after the re-survey an extent of 2.55 Ares of

property as per Ext. P1 settlement deed is not entered

in the Thandaper account of the petitioner.

Accordingly, the petitioner has preferred Ext. P4

request before the 3rd respondent. The grievance of

the petitioner is that the 3rd respondent has not acted

pursuant to Ext. P4 to include the petitioner's property

of 2.55 ares of land covered by Ext. P1 into

petitioner's Thandaper account. Accordingly, the

petitioner has approached this Court for the following

reliefs:-

"i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to include or re-include the petitioner's property of 2.55 Are located in Exhibit P5 sketch and covered by Exhibit P1 and P2 in the petitioner's Tandaper Account No. 1065 of the Edappally North Village and accept basic tax in respect of it from the petitioner."

2. The petitioner states that, he is suffering from

various ailments and the delay caused in making

necessary entries in the Thandaper account of the

petitioner causes great hardships to the petitioner. It

is also submitted that for the purpose of treatment

the petitioner requires to sell the property and the

same can be done only if the Thandaper account is

corrected.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader.

In the facts and circumstances of the case and in

the light of the submissions made across the bar,

there will be a direction to the 3 rd respondent to

finalise the proceedings pursuant to Ext. P4, as

expeditiously as possible, at any rate, within a period

of six weeks from the date of receipt of a certified

copy of this judgment, after hearing the petitioner or

an authorised representative of the petitioner. The

petitioner shall furnish a copy of the writ petition

along with a certified copy of this judgment before the

3rd respondent for compliance.

The writ petition is disposed of.

Sd/-

                            MURALI PURUSHOTHAMAN
bnu                                  JUDGE



                               APPENDIX

PETITIONER'S EXHIBITS

Exhibit P-1             TRUE COPY OF THE SETTLEMENT DEED NO.

2305/1976 DATED 16.6.1976 ON THE FILE OF THE S.R.O., EDAPPALLY Exhibit P-2 TRUE COPY OF THE TAX RECEIPT DATED 12.6.2013 H.NO.4681570, ISSUED FROM EDAPPALLY NORTH VILLAGE IN TANDAPER ACCOUNT NO. 1740 Exhibit P-3 TRUE COPY OF THE TAX RECEIPT DATED 19.1.2019 ISSUED FROM EDAPPALLY NORTH VILLAGE Exhibit P-4 TRUE COPY OF THE APPLICATION DATED 7.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-5 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE 3RD RESPONDENT IN RESPECT OF 2.55 ARE COMPRISED IN RESURVEY NUMBER 39 IN BLOCK NUMBER 236 OF EDAPALLY NORTH VILLAGE PREPARED BY THE 3RD RESPONDENT Exhibit P-6 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE 3RD RESPONDENT IN RESPECT OF 4.89 ARE COMPRISED IN RESURVEY NUMBER 41 IN BLOCK NUMBER 236 OF EDAPALLY NORTH VILLAGE PREPARED BY THE 3RD RESPONDENT Exhibit P-7 TRUE COPY OF THE TAX RECEIPT NO.

KL07022506123/2023 DATED 23.6.2023 Exhibit P-8 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 21.3.2023 ISSUED BY DR SOORAJ Y.S, NEPHROLOGIST, RENAI MEDICITY, MULTI SUPER SPECIALTY HOSPITAL PALARIVATTAM Exhibit P-9 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 21.3.2023 ISSUED BY DR VINOD THOMAS, CARDIOLOGIST, RENAI MEDICITY, MULTI SUPER SPECIALTY HOSPITAL, PALARIVATTAM