K Abdulla vs Tahasildar, Taluk
2023 Latest Caselaw 13249 Ker

Kerala High Court

K Abdulla vs Tahasildar, Taluk on 15 December, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                       WP(C) NO. 37439 OF 2023


PETITIONER:

          K ABDULLA,
          AGED 71 YEARS
          S/O PALLI BEARY, R/AT PANDINHAR HOUSE, KADAMBAR VILLAGE
          & PO, MANJESHWARAM TALUK, KASARGOD DISTRICT,, PIN -
          671323
          BY ADVS.
          SURESH KUMAR KODOTH
          SUKARNAN


RESPONDENTS:

    1     TAHASILDAR, TALUK
          TALUK OFFICE, MANJESHWARA TALUK, PO MANJESHWAR PO,
          KASARGOD DISTRICT., PIN - 671323
    2     TALUK LAND BOARD
          , REPRESENTED BY ITS CHAIRMAN, CIVIL STATION,
          VIDYANAGAR, KASARGOD, ., PIN - 671123
    3     DISTRICT COLLECTOR
          CIVIL STATION, VIDYANAGAR, KASARGOD,, PIN - 671123
    4     BALAKRISHNA,
          AGED 58 YEARS
          S/O LATE KUTTY, R/AT AMBEDKAR GRAMA, HOSABETTU VILLAGE,
          MAN].ESHWAR PO, KASARGOD DISTRICT,, PIN - 671323
    5     GUNAVATHI,
          AGED 53 YEARS
          W/O SANJEEVA, R/AT NEAR SRO OFFICE, HOSABETTU VILLAGE,
          MAN].ESHWAR PO, KASARGOD DISTRICT,, PIN - 671323
    6     SATHISHCHANDRA
          AGED 48 YEARS
          S/O BABU, R/AT AMBEDKAR GRAMA, HOSABETTU VILLAGE,
          MAN].ESHWAR PO, KASARGOD DISTRICT,, PIN - 671323
    7     KAMALA
          AGED 62 YEARS
          W/O ISHWARA, R/AT AMBEDKAR GRAMA, HOSABETTU VILLAGE,
          MAN].ESHWAR PO, KASARGOD DISTRICT, ., PIN - 671323
    8     SUDHAKARA
          AGED 53 YEARS
 WP(C) No. 37439 of 2023         :2:



             S/O R/AT AMBEDKAR GRAMA, HOSABETTU VILLAGE,
             MAN].ESHWAR PO, KASARGOD DISTRICT,, PIN - 671323
             GP - RIYAL DEVASSY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 37439 of 2023              :3:



                         VIJU ABRAHAM , J.
              ===========================
                     WP(C) No. 37439 of 2023
             ============================
             Dated this the 15th day of December, 2023

                             JUDGMENT

Petitioner has approached this Court seeking a direction to the

1st respondent to implement Ext P4 order and restore possession of

the land as directed above. In view of the delay in implementation of

the same, petitioner has preferred Ext P22 before the 3 rd respondent.

Petitioner seeks for an expeditious disposal of Ext P22 within a time

limit to be fixed by this Court.

2. Heard the learned Government Pleader also.

3. After hearing both sides, I am inclined to dispose of the

writ petition with a direction to the 3 rd respondent to consider and

pass orders on Ext P22 representation submitted by the petitioner in

accordance with law, at any rate within an outer limit of six months

from the date of receipt of a copy of this judgment, after affording an

opportunity of being heard to the petitioner or any other affected

parties.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 37439/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO. 2400/1993 ALONG WITH ENGLISH TRANSLATION Exhibit P2 TRUE COPY OF DOCUMENT NO. 2399/1993 ALONG WITH ENGLISH TRANSLATION Exhibit P3 TRUE COPY OF LAND TAX RECEIPT DATED 21/07/2022 ISSUED BY VILLAGE OFFICER Exhibit P4 TRUE COPY OF ORDER DATED 23/11/2004 IN TLB-1528/73/KSD ISSUED BY THE TALUK LAND BOARD KASARGOD Exhibit P5 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO FOURTH RESPONDENT Exhibit P6 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO FIFTH RESPONDENT Exhibit P7 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO SIXTH RESPONDENT Exhibit P8 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO SEVENTH RESPONDENT Exhibit P9 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO EIGHTH RESPONDENT IS PRODUCED Exhibit P10 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO DECEASED SUMATHI Exhibit P11 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO DECEASED RAJEEVA Exhibit P12 TRUE COPY OF FORM-18 PROCEEDINGS DATED 1/7/2000 ISSUED TO DECEASED LEELA Exhibit P13 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO FOURTH RESPONDENT Exhibit P14 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO FIFTH RESPONDENT Exhibit P15 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO SIXTH RESPONDENT Exhibit P16 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO SEVENTH RESPONDENT Exhibit P17 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO EIGHTH RESPONDENT Exhibit P18 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO DECEASED SUMATHI Exhibit P19 TRUE COPY OF ASSIGNMENT ORDER DATEDL2/1/2001 ISSUED TO DECEASED RAJEEVA Exhibit P20 TRUE COPY OF ASSIGNMENT ORDER DATED 12/1/2001 ISSUED TO DECEASED LEELA Exhibit P21 TRUE COPY OF THE PLAINT AS OS NO. 307/2021

BEFORE THE MUNSIFF COURT, KASARGOD Exhibit P22 TRUE COPY OF REPRESENTATION DATED 1/11/2022