Kerala High Court
Prasannakumar. T. S/O. T. Kumaran vs State Of Kerala on 21 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
WP(C) NO. 42963 OF 2023
PETITIONER:
PRASANNAKUMAR. T., S/O. T. KUMARAN,
AGED 67 YEARS, BHAGIRATHI WEAVING WORKS,
PARAKKANDI, KANNUR P O., PIN - 670001
BY ADVS.
V.S.CHANDRASEKHARAN
S.JAYAKUMAR
M.V.DAS
LEKSHMI SWAMINATHAN
N.K.RAMACHANDRAN
SHAHIM BIN AZIZ
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
TO GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION
P O, KOZHIKODE,, PIN - 673020
3 TAHASILDAR, KOZHIKODE TALUK, KOZHIKODE DISTRICT,
PIN - 673020
4 VILLAGE OFFICER, PANNIYANKARA VILLAGE,
KOZHIKODE,, PIN - 678686
SMT VIDYA KURIAKOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 42963/23
2
JUDGMENT
Even though various assertions, averments and allegations are
made and urged in this Writ Petition, when this matter was called
today, the learned counsel for the petitioner confined his plea that
Ext.P9 application preferred by his client be directed to be taken up
and disposed of by the 3rd respondent - Tahsildar, within a time
frame to be fixed by this Court.
2. In response, Smt.Vidya Kuriakose - learned Government
Pleader, submitted that if the petitioner only requires Ext.P9
application to be taken up and disposed of in terms of law, there
does not appear to be any legal impediment in doing so; but prayed
that this Court may not make any affirmative declarations on his
entitlement to any relief and leave it to the competent Authority to
take a final decision as per law.
In the afore circumstances, I allow this Writ Petition and
direct the 3rd respondent - Tahsildar, to take up Ext.P9 application
of the petitioner and to dispose of the same, after affording him, as
also any other person who may be interested, an opportunity of
being heard; thus culminating in an appropriate order and necessary
action thereon, as expeditiously as is possible, but not later than
one month from the date of receipt of a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 42963/2023
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE MARRIAGE
CERTIFICATENO.57009/2009 DATED 23-12-2009
ISSUED BY THE LOCAL REGISTRAR OF
KOZHIKODE CORPORATION
Exhibit-P2 TRUE COPY OF THE DEATH CERTIFICATE DATED
28-04-2016 ISSUED BY KANNUR CORPORATION
Exhibit-P 3 TRUE COPY OF THE ORDER DATED 15-12-2010
OF THE SECRETARY, KOZHIKODE CORPORATION
TRANSFERRING THE OWNERSHIP OF THE
BUILDING IN THE NAME OF SMT. SUPRABHA K
NAIR, THE WIFE OF THE PETITIONER
Exhibit-P4 TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 22-10-2010 ISSUED BY KOZHIKODE
CORPORATION
Exhibit-P5 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 22-11-2010 ISSUED BY THE VILLAGE
OFFICER, PANNIYANKARA VILLAGE FOR THE
PURPOSE OF AVAILING A LOAN FROM URBAN
BANK
Exhibit-P6 THE TRUE COPY OF THE LAND TAX PAID
RECEIPT ISSUED ON 08-05-2015 VILLAGE
OFFICER, PANNIYANKARA VILLAGE
Exhibit -P7 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 22-07-2016 ISSUED BY
DISTRICT INFORMATION OFFICER, KANNUR
Exhibit-P8 TRUE COPY THE PETITIONER HAD SUBMITTED
ALL THE PARTICULARS ASKED BY THE
ADDITIONAL TAHASILDAR, KOZHIKKODE AND AN
ACKNOWLEDGEMENT OF RECEIPT OF THE
DOCUMENTS RECEIVED WITH NO. G3.28409/15
DATED 25-11-16
Exhibit-P9 TRUE COPY OF THE PETITIONER SUBMITTED AN
APPLICATION DATED 18-03-2023 TO THE
VILLAGE OFFICER, PANNIYANKARA TO TRANSFER
THE PROPERTY IN THE NAME OF THE
PETITIONER BEING THE ONLY LEGAL HEIR TO
INHERIT THE PROPERTY
