Lilly Varkey vs State Of Kerala
2023 Latest Caselaw 9972 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                      WP(C) NO. 30404 OF 2023
PETITIONER:
          LILLY VARKEY, AGED 72 YEARS, W/O. VARKEY, MENACHERY
          HOUSE, MOOKKANNUR, ALUVA TALUK, ERNAKULAM
          DISTRICT,, PIN - 683577
             BY ADVS.
             G.HARIHARAN
             PRAVEEN.H.
             K.S.SMITHA
             V.R.SANJEEV KUMAR
             BIJOY SAM GEORGE

RESPONDENTS:
    1     STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
          SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695001
     2       THE RANGE FOREST OFFICER, RESEARCH RANGE,
             ATHIRAPPILLY, CHALAKUDY TALUK, THRISSUR DISTRICT,
             PIN - 680724
     3       THE TAHSILDAR, TALUK OFFICE, ALUVA TALUK, ERNAKULAM
             DISTRICT, PIN - 683544
     4       THE VILLAGE OFFICER, MOOKKANNUR VILLAGE,
             MOOKKANNUR, ERNAKULAM DISTRICT, PIN - 683577
     5       DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,
             ERNAKULAM DISTRICT, PIN - 682030
             SRI. T.P.SAJAN, SPL. GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.09.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30404 OF 2023

                                  2




                           JUDGMENT

The limited plea of the petitioner, as made by her learned

counsel - Sri.G.Hariharan, is that the 2 nd respondent - Forest

Range Officer, be directed to take up and dispose of Ext.P10

request made by her, adverting to Ext.P12 judgment of this Court.

2. The learned counsel for the petitioner also pleaded that

4th respondent be directed to take follow up action pursuant to

Ext.P11 request, adverting to Ext.P13 judgment.

3. Sri.T.P. Sajan - learned Special Government Pleader for

the Department of Forests, submitted that the afore requests are

not tenable because it would have the effect of modifying the

'Patta' condition. He, however, submitted that if the petitioner only

requires Ext.P10 to be taken up by the 2 nd respondent and

disposed of in terms of law, there is no legal impediment for him in

doing so; however, praying that this Court may not make any

affirmative declarations in his favour in this judgment, and leave it

to be appropriately decided by the said Authority, in terms of law.

4. When I consider and evaluate the afore submission, it

is evident that petitioner has already preferred Ext.P10 request

before the 2nd respondent. It may be true that it is not WP(C) NO. 30404 OF 2023

maintainable or perhaps otherwise. It is not a matter which this

Court can consider on its merits, while acting under Article 226 of

the Constitution of India; and therefore, am of the firm view that

the 2nd respondent must take up Ext.P10 and dispose it of, without

any avoidable delay, including on its maintainability.

Resultantly, this Writ Petition is allowed, directing the 2 nd

respondent to take up Ext.P10 request of the petitioner and to

dispose it of, after hearing him, as also any other person who may

be interested being heard; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as is possible, but

not later than two months from the date of receipt of a copy of

this judgment.

Needless to say, since I have not entered into any of the

contentions of the petitioner on its merits, they are all left open,

including on the question of maintainability of Ext.P10; but while

assessing this, the precedents cited by him, namely, Exts.P12 and

P13 shall be specifically adverted to by the 2nd respondent.

                            Sd/-       DEVAN RAMACHANDRAN,
                                                JUDGE
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 WP(C) NO. 30404 OF 2023






              APPENDIX OF WP(C) 30404/2023
PETITIONER EXHIBITS
Exhibit P1            A TRUE COPY OF THE FORM OF PATTA

ISSUED BY THE TAHSILDAR ALUVA IN THE NAME OF THE PETITIONER'S HUSBAND MENACHERY ABEL VARKEY Exhibit P2 A TRUE COPY OF THE PARTITION DEED NO.

2625/1995 OF SRO ANGAMALY EXECUTED ON 27.05.1995 Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE BY THE REGISTRAR OF BIRTHS AND DEATHS MOOKKANNUR GRAMA PANCHAYATH ON 13.10.2011 EVIDENCING THE DEATH OF THE PETITIONER'S HUSBAND SRI.MENACHERY ABEL VARKEY Exhibit P4 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE 3RD RESPONDENT ON 03.03.2023 Exhibit P5 A TRUE COPY OF THE DOCUMENT NO.2227/2023 OF SRO ANGAMALY ON 29.07.2023 Exhibit P6 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 01.09.2023 ISSUED IN THE NAME OF THE PETITIONER BY THE VILLAGE OFFICER MOOKKUUNER VILLAGE Exhibit P7 A TRUE COPY OF THE THANDAPER ACCOUNT OF THE LAND MENTIONED IN SURVEY NO.

222/2-8 Exhibit P8 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.77604714 DATED 01.05.2023 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF THE PETITIONER AND HER SON RELATING TO THE PROPERTY MENTIONED IN SURVEY.

NO.222/2-8 Exhibit P9 A TRUE PHOTOGRAPHS OF THE TREES STANDING INSIDE THE PROPERTY MENTIONED IN EXHIBIT.P1 Exhibit P10 A TRUE COPY OF THE REQUEST DATED 03.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WP(C) NO. 30404 OF 2023

Exhibit P11 A TRUE COPY OF THE REQUEST DATED 01.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P12 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.28522/2021 ON 05.04.2022 Exhibit P13 A TRUE COPY OF THE JUDGMENT MADE IN THE MATTER OF AUGUSTINE MATHEW AND ANOTHER VS. STATE OF KERALA REPORTED IN 2009 (3) KHC 179 RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN