Muhammedkutty @ Kunju vs The State Of Kerala
2023 Latest Caselaw 3260 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                           WP(C) NO. 7794 OF 2023
PETITIONER:

            MUHAMMEDKUTTY @ KUNJU
            AGED 59 YEARS, S/O.AZEEZ,
            VANDAI VALIYIL, ATHAVANAD P.O,
            MALAPPURAM DISTRICT., PIN - 676 301.

            BY ADVS.
                       RAJ CAROLIN V.
                       C.R.JAYAKUMAR
                       NOBEL RAJU


RESPONDENTS:

     1      THE STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
            DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM DISTRICT., PIN - 695 001.

     2      THE COMMISSIONER OF LAND REVENUE
            OFFICE OF THE COMMISSIONER OF LAND REVENUE,
            PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO,
            VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM., PIN - 695 033.

     3      THE TAHSILDAR (LAND RECORDS)
            TALUK OFFICE TIRUR, CIVIL STATION TIRUR, TIRUR P.O,
            MALAPPURAM DISTRICT., PIN - 676 101.

     4      THE VILLAGE OFFICER
            ATHAVANAD VILLAGE OFFICE, TIRUR TALUK, ATHAVANAD P.O,
            MALAPPURAM DISTRICT., PIN - 676 301.

            BY ADV.
                      BIMAL K NATH (SR GP)


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.7794 OF 2023               2




                             JUDGMENT

The petitioner has approached this Court seeking a

limited relief. He prays that Ext.P10 application filed by the

petitioner be considered and disposed of by the 2 nd respondent

within a time frame to be fixed by this Court.

2. I should have refused relief on the short ground that

Ext.P10 application is seen filed only on 23-02-2023 and this

writ petition was filed on 06-03-2023, and came up for

consideration of this Court on 07-03-2023. It is fundamental

that mandamus presupposes demand and refusal. I am,

therefore, constrained to hold that there is no demand and

refusal entitling the petitioner to seek mandamus from this

Court. However considering the plea of the learned counsel for

the petitioner that the issue itself has been pending for long, I

am inclined to direct the consideration of Ext.P10 by the 3 rd

respondent who, the learned Senior Government Pleader

states, can decide Ext.P10, after affording an opportunity of

hearing to the petitioner.

Accordingly, this writ petition will stand disposed of

directing the 3rd respondent to consider and pass orders on

Ext.P10, within a period of three months from the date of

receipt of a certified copy of this judgment. Since Ext.P10 is

filed before the 2nd respondent, the petitioner shall produce a

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

before the 3rd respondent for compliance.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 7794/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 698/2000 DATED 18/03/2000 OF KUTTIPURAM SRO.

Exhibit P2 TRUE COPY OF THE SALE DEED NO. 1850/1984 DATED 04/06/1984 OF KUTTIPURAM SRO.

Exhibit P3 TRUE COPY OF THE JUDGMENT AND DECREE IN O.S NO.

22/1978 OF THE HON'BLE COURT OF MUNSIFF, TIRUR DATED 29/11/1982.

Exhibit P3(a) TRUE COPY OF THE DECREE IN O.S NO. 22/1978 OF THE HON'BLE COURT OF MUNSIFF, TIRUR DATED 29/11/1982.

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE FOURTH RESPONDENT DATED 08/04/2002.

Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO. 209/2002/P.C ISSUED BY THE FOURTH RESPONDENT DATED 18/04/2002.

Exhibit P6 TRUE COPY OF THE TAX PAYMENT DETAILS OF RECEIPT NO. KL10040203786/2021 ISSUED BY THE FOURTH RESPONDENT DATED 09/08/2021 EXTRACTED FROM RELIS PORTAL.

Exhibit P7 TRUE COPY OF THE RECEIPT BEARING NO.

KL10040205325/2021 ISSUED BY THE FOURTH RESPONDENT DATED 06/10/2021.

Exhibit P8 TRUE COPY OF THE FORM 12 NOTICE BEARING REF. NO.

C3-9595/21 DATED 25/05/2022.

Exhibit P9 TRUE COPY OF THE CIRCULAR ISSUED BY THE COMMISSIONER OF LAND REVENUE BEARING NO. L.R.B3-32788/2019 DATED 31/01/2020.

Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 23/02/2023 BEFORE THE FIRST RESPONDENT ALONG WITH THE POSTAL RECEIPT.