Narayani vs Land Tribunal (Devaswom)
2023 Latest Caselaw 1862 Ker

W.P.(C) No.3286 of 2023             1


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          WP(C) NO. 3286 OF 2023
PETITIONERS:

      1       NARAYANI
              AGED 58 YEARS
              W/O M.KUMARAN,
              R/AT MARDAMBAIL,
              KULLAKATTA, MUTTATHODY
              KASARAGOD
              PIN - 671123
      2       RAJANI.M
              AGED 38 YEARS
              D/O M.KUMARAN,
              R/AT MARDAMBAIL,
              KULLAKATTA, MUTTATHODY
              KASARAGOD
              PIN - 671123
      3       ABHILASH.M
              AGED 36 YEARS
              S/O M.KUMARAN,
              R/AT MARDAMBAIL,
              KULLAKATTA, MUTTATHODY
              KASARAGOD
              PIN - 671123
              BY ADV P.RAKESH THAMBAN


RESPONDENTS:

      1       LAND TRIBUNAL (DEVASWOM)
              COLLECTORATE, VIDYANAGAR P.O,
              KASARAGOD 671123
              PIN - 682031
      2       DEPUTY COLLECTOR (LAND REFORMS)
              COLLECTORATE, VIDYANAGAR P.O,
              KASARAGOD , PIN - 671123
 W.P.(C) No.3286 of 2023                   2


      3       EDNEER MUTT
              REPRESENTED BY EDNEER MUTT TRUSTEE,
              EDNEER, EDNEER P.O,
              KASARAGOD
              PIN - 671541
              BY ADV.SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER




      THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3286 of 2023                      3


                                         JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed by the petitioners seeking the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ, order or direction to respondent Nos.1 & 2 to consider and dispose the Exhibit-P4 application pending before the Devaswom Land Tribunal Kasaragod on merits within time fixed by this Hon'ble Court, preferably not more than 3 months from the date of order.

(ii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being;

2. According to the petitioners, petitioners have submitted Exhibit P4 application

seeking correction of Exhibit P1 certificate issued by the Land Tribunal (Devaswom),

Kasaragod - the 1st respondent. The sole relief sought for is consideration of Exhibit P4 on

an early basis.

Therefore, after having heard learned counsel for petitioners Sri.P.Rakesh

Thamban, and learned Senior Government Pleader Sri.Bimal K. Nath, this writ petition is

disposed of directing the Deputy Collector (Land Reforms), Kasaragod - the 2 nd

respondent, to dispose of Exhibit P4, within 12 months from the date of receipt of a copy

of this judgment.

Sd/-

                                                      SHAJI P.CHALY

 smv                                                        JUDGE





                          APPENDIX OF WP(C) 3286/2023

PETITIONERS' EXHIBITS
Exhibit P1            THE TRUE COPY OF THE CERTIFICATE OF PURCHASE
                      ISSUED IN THE NAME OF M.KUMARAN DATED
                      29.10.1976
Exhibit P2            THE TRUE COPY OF THE LETTER DATED 11.02.2020
                      TO DEPUTY COLLECTOR LAND REFORMS
Exhibit P3            THE TRUE COPY OF THE REPORT DATED 14.09.2020
                      BY THE AUTHORIZED OFFICER
Exhibit P4            THE TRUE OFFICE COPY OF THE APPLICATION FILED
                      BEFORE THE DEVASWOM LAND TRIBUNAL DATED
                      12.01.2022