Bose Sebastian vs Special Tahsildar L.A. Office
2023 Latest Caselaw 10434 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                   WP(C) NO. 29673 OF 2023
PETITIONER:

           BOSE SEBASTIAN
           AGED 47 YEARS
           S/O. SEBASTIAN,
           MANIYAMBRAYIL HOUSE, VENMONY P.O.,
           IDUKKI DISTRICT, PIN - 685 602.

           BY ADVS.
           K.K.SUBEESH
           RAMEEZ NOOH


RESPONDENTS:


    1      SPECIAL TAHSILDAR L.A.
           OFFICE PAINAVU P. O, IDUKKI,
           PIN - 685 603.
    2      DISTRICT COLLECTOR
           COLLECTORATE, PAINAVU P.O,
           IDUKKI, PIN - 685 603.
    3      DEPARTMENT OF LAND REVENUE
           REPRESENTED BY COMMISSIONER,
           LAND REVENUE COMMISSIONERATE,
           REVENUE COMPLEX, MUSEUM,
           THIRUVANANTHAPURAM,
           PIN - 695 033.
    4      GRACY SEBASTIAN
           AGED 81 YEARS
           W/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
           VENMONY P.O., IDUKKI DISTRICT,
           PIN - 685 602.
    5      JOHNSON SEBASTIAN
           AGED 61 YEARS
           S/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
           VENMONY P. O., IDUKKI DISTRICT,
           PIN - 685 602.
    6      THOMAS SEBASTIAN
           AGED 51 YEARS
           S/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
           VENMONY P.O., IDUKKI DISTRICT,
           PIN - 685 602.
 WP(C).No.29673 OF 2023

                                        2

         7          SAJI SEBASTIAN
                    AGED 47 YEARS
                    S/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
                    PULIKKATHOTTY P.O., IDUKKI DISTRICT,
                    PIN - 685 602.
         8          JOY SEBASTIAN
                    AGED 43 YEARS
                    S/O. SEBASTIAN, GRACE GARDEN PUBLIC SCHOOL,
                    AYYAPPANCOIL P.O, MATTUKKATTA,
                    KATTAPPANA, IDUKKI DISTRICT,
                    PIN - 685 507.
         9          TOMY SEBASTIAN
                    AGED 40 YEARS
                    S/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
                    VENMONY P.O, IDUKKI DISTRICT,
                    PIN - 685 602.
         10         RANI SEBASTIAN
                    AGED 38 YEARS
                    D/O. SEBASTIAN, CHOLIKKARA,
                    MANIYAMBRAYIL HOUSE, VENMONY P.O.,
                    IDUKKI DISTRICT, PIN - 685 602.
         11         AMBILY SEBASTIAN
                    AGED 36 YEARS
                    D/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
                    VENMONY P.O, IDUKKI DISTRICT,
                    PIN - 685 602.
         12         BABYCHAN
                    AGED 39 YEARS
                    D/O. SEBASTIAN, MANIYAMBRAYIL HOUSE,
                    VENMONY P.O, IDUKKI DISTRICT,
                    PIN - 685 602.

                    SRI. RIYAL DEVASSY - GP



             THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
     ADMISSION       ON   30.09.2023,       THE   COURT   ON   THE    SAME   DAY
     DELIVERED THE FOLLOWING:
 WP(C).No.29673 OF 2023

                                    3

                              JUDGMENT

The petitioner states that he is the owner in

possession of 30 cents of property comprised in Survey

No.161/1 of Kanjikuzhy Village, Idukki District as per

Ext.P1 settlement deed. The petitioner submitted

Ext.P2 application for purchase certificate under the

provisions of the Kerala Land Assignment

(Regularisation of Occupation of Forest Land prior to

1197) Special Rules, 1993 before the 1 st respondent, as

evident from Ext.P3 receipt. According to the

petitioner, though the hearing was concluded on

07.10.2017, he has not so far been issued with a

purchase certificate. Accordingly, the petitioner has

filed this writ petition for time bound disposal of Ext.P2

application.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for respondents

1 to 3.

3. In the nature of the direction I propose to WP(C).No.29673 OF 2023

issue, notice to respondents 4 to 12 is dispensed with.

4. It is submitted by the learned Government

Pleader that Ext.P2 application will be considered and

disposed of after hearing respondents 4 to 12,

expeditiously.

5. In the facts and circumstances of the case,

there will be a direction to the 1 st respondent to

consider and dispose of Ext.P2 application submitted by

the petitioner for assignment, as expeditiously as

possible, at any rate, within a period of six months

from the date of receipt of a copy of this judgment,

after hearing the petitioner and respondents 4 to 12

and any other affected/interested parties.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.29673 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT AGREEMENT EXECUTED BY LATE SEBASTIAN IN FAVOR OF THE PETITIONER DATED 21.08.2007. EXHIBIT P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 18/07/2017.

     EXHIBIT P3          A TRUE COPY OF THE RECEIPT BEARING
                         REGISTRATION    NO    49015297     DATED
                         02.08.2017    ISSUED    BY    THE    1ST
                         RESPONDENT.
     EXHIBIT P4          A TRUE COPY OF THE JUDGMENT RENDERED BY

THE HON'BLE COURT IN WP(C) 2391/2020 DATED 11.10.2021.

     RESPONDENTS EXHIBITS:     NIL.