Kurien Varghese vs State Of Kerala
2023 Latest Caselaw 677 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                       WP(C) NO. 11920 OF 2022
PETITIONER:

          KURIEN VARGHESE,
          AGED 52 YEARS
          S/O.VARGHESE, VETTIKATTU HOUSE, MULLAKANAM,
          RAJAKKAD P.O., RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK,
          IDUKKI DISTRICT, PIN-683 566.

          BY ADVS.
          BOBBY GEORGE
          JOY C PAUL
          SHEMILY T. PEARL MATHEW
          BABY SIMON
          ELDOSE JOY


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY DISTRICT COLLECTOR, IDUKKI AT
          KUYILUMALA, PAINAVU P.O., PIN-685 603, IDUKKI DISTRICT.

    2     SPECIAL TAHSILDAR (LR),
          RAJAKUMARI, RAJAKKADU P.O., PIN-685 566, RAJAKKAD
          VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

    3     BENNY VARGHESE,
          AGED 50 YEARS
          S/O.VARGHESE, VETTIKATTU HOUSE, MULLAKANAM, RAJAKKAD
          P.O., RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI
          DISTRICT, PIN-685 566.

          SRI.BIMAL.K.NATH, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11920 OF 2022

                                    2


                              T.R. RAVI, J.
              --------------------------------------------
                    W.P. (C) No.11920 of 2022
                  --------------------------------------------
             Dated this the 12th day of January, 2023

                             JUDGMENT

Admit. Government Pleader takes notice for respondents

1 and 2. In the nature of the order that is proposed to be

passed, notice to the 3rd respondent is dispensed with.

2. The prayer in the writ petition is for a direction to

the 2nd respondent to issue Patta to the petitioner in

accordance with law. The petitioner had preferred Ext.P4

application for the said purpose.

3. The Government Pleader on instructions submits

that there had been a hearing conducted on 01.12.2021, but

the issue is not finalised owing to a complaint received from

the petitioner's brother.

In the above circumstances, this writ petition is disposed

of directing the 2nd respondent to take up Ext.P4 and finalise

the proceedings, after hearing the petitioner and if necessary WP(C) NO. 11920 OF 2022

his brother, at the earliest, at any rate within three months

from the date of receipt of a certified copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 11920 OF 2022

APPENDIX OF WP(C) 11920/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE PETITIONER'S RESIDENTIAL BUILDING BEARING RECEIPT NUMBER 7172311 ISSUED FROM THE RAJAKAD GRAMA PANCHAYAT IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER'S APPLICATION BEARING NUMBER 45011866 FROM THE SECOND RESPONDENTS' OFFICE DATED 26.07.2017.

Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER FROM THE SECOND RESPONDENTS OFFICE BEARING NO.A P 30/2020.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED TO THE SECOND RESPONDENT BY THE PETITIONER DATED 22.11.2021.

Exhibit P5 TRUE COPY OF NOTICE BEARING NO.30/20-RKD-

64 FROM THE SECOND RESPONDENT TO THE PETITIONER DATED NIL.