Sebastian P.J vs The District Collector
2023 Latest Caselaw 6909 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                           WP(C) NO. 18085 OF 2023
PETITIONER:

             SEBASTIAN P.J.
             AGED 31 YEARS, S/O.SONY KURIAN,
             PULLANKALAM HOUSE, MAMOODU P.O.,
             CHANGANACHERRY., PIN - 686 101.

             BY ADVS.
                        I.DINESH MENON
                        L.RAJESH NARAYAN


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE P.O.,
             KOTTAYAM., PIN - 686 002.

     2       THE LAND REVENUE COMMISSIONER.
             OFFICE OF THE LAND REVENUE COMMISSIONER,
             SECRETARIAT P.O., THIRUVANANTHAPURAM., PIN - 695 001.

     3       THE VILLAGE OFFICER
             MADAPPILLY, MADAPPALLY P.O, KOTTAYAM., PIN - 686 546.

     4       THE TAHSILDAR
             OFFICE OF THE TAHSILDAR, CHANGANACHERRY P.O.,
             CHANGANACHERRY., PIN - 686 101.

     5       THE STATE OF KERALA
             REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
             SECRETARIAT P.O., THIRUVANANTHAPURAM., PIN - 695 001.

             BY ADV. SMT. PREETHA K K (SR GP)


     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.18085 OF 2023                    2




                                JUDGMENT

A portion of the land belonging to the petitioner, having

an extent of 2.25 Ares, was relinquished, free of cost, by the

petitioner, to enable the construction of the Madappilly

Village Office. However, the land was not utilized for the

construction of the Village Office, as the Madappilly

Panchayat had allotted their land and the Village Office is

being constructed on the land handed over by the

Madappilly Panchayat. The petitioner therefore, requested

for restoration of the land relinquished by him. Ext.P7

proceedings will show that the District Collector, Kottayam,

has addressed Ext.P7 communication to the petitioner,

informing the petitioner that the land can be returned to the

petitioner only after a decision is taken at the Government

level.

2. It is the grievance of the petitioner that though

Ext.P7 communication was issued to the petitioner as early

as on 25-01-2023, no further action seems to have been

taken to obtain necessary permission from the Government.

It is submitted that since the petitioner had surrendered the

land, free of cost, for a specific purpose and that purpose did

not fructify, the petitioner is entitled to a reconveyance of

the land in his favour.

3. The learned Government Pleader, on instructions,

would submit that the matter is pending consideration of the

Government and further action can be taken on the request

of the petitioner only after a decision is taken at the

Government level.

4. Having heard the learned counsel appearing for

the petitioner and the learned Government Pleader

appearing for the respondents, this writ petition will stand

disposed of directing the 5th respondent to consider as to

whether the land relinquished by the petitioner, for a

specific purpose, can be restored to the petitioner, also

taking into account the fact that the petitioner had

relinquished the land, free of cost, as the purpose for which

the relinquishment was made did not fructify. A decision

shall be taken in the matter by the 5 th respondent as

expeditiously as possible and at any rate within a period of

three months from the date of receipt of a certified copy of

this judgment. Since, the communication issued by the

District Collector, Kottayam (1st respondent) to the 5th

respondent is not on record, the petitioner shall produce a

copy of this writ petition, along with a copy of this judgment

before the 5th respondent, for compliance.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 18085/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.10.2020 NO.758/2020.

Exhibit P2 TRUE COPY OF THE LOCATION SKETCH WITH RESPECT TO THE PROPERTY DATED 15.10.2020.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 15.10.2020 FOR RETURNING THE LAND TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REQUEST DATED 7.7.2022 BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPLY DATED 13.2.2023 NO.4/2023/RTI.

Exhibit P6 TRUE COPY OF THE REQUEST DATED 13.2.2023 BEFORE THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE COMMUNICATION IN THAT REGARD RECEIVED FROM THE 1ST RESPONDENT DATED 25.1.2023.