Sini A.Y vs State Of Kerala
2024 Latest Caselaw 10651 Ker

Kerala High Court

Sini A.Y vs State Of Kerala on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                      WP(C) NO. 9763 OF 2017
PETITIONER:

            SINI A.Y
            AGED 44 YEARS, W/O.(LATE) JOSEPH, PAARATHOTTIYIL
            HOUSE, MULAYAM P.O., VALAKAVU,
            THRISSUR DISTRICT - 680 751.
            BY ADVS.
            SRI.E.VIJIN KARTHIK
            SRI.P.V.JEEVESH

RESPONDENTS:

    1       STATE OF KERALA
            REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
    2       THE REVENUE SECRETARY
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
    3       THE DISTRICT COLLECTOR
            THRISSUR DISTRICT, FIRST FLOOR, CIVIL STATION,
            CIVIL LINE ROAD, AYYANTHOLE, THRISSUR - 680 003.
    4       THE TAHSILDHAR
            FIRST FLOOR, CIVIL STATION, CIVIL LINE ROAD,
            AYYANTHOLE, THRISSUR - 680 003.
            BY ADV.
            SRI.RIYAL DEVASSY, GP
     THIS     WRIT    PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   11.04.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.9763 of 2017

                                2




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 9763 of 2017
    ------------------------------------------------------
          Dated this the 11th day of April, 2024.


                          JUDGMENT

This writ petition is filed by the petitioner

seeking the following reliefs:

"i) Issue a writ of mandamus or any other order directing the second respondent to assign the land for the petitioner's 0.2430 hectors of land in survey number 629/6 in Mulayam village, Thrissur Thaluk in Thrissur district and issue patta for it.

ii) Direct the second respondent, revenue secretary to call for exhibit P-2 report dated 27.9.2011 which is pending before the fourth respondent, Thahasildhar and consider it based on exhibit P-5 complaint/application dated 10.3.15 given by the petitioner's husband.

iii) Such other reliefs as this Hon'ble court may deem fit and proper in the circumstances of the case."[SIC]

2. The main prayer in this Writ petition is to

issue a direction to the 2nd respondent to assign the

land to the petitioner situated in Sy.No.629/6 in

Mulayam Village, Thrissur District based on Ext.P5

complaint filed by the petitioner's husband.

Admittedly, the petitioner's husband is no more.

Therefore, this Court can not pass such an order

based on Ext.P5 complaint filed by the petitioner's

husband. The petitioner is free to file a fresh

application for assignment, if she is advised so.

Granting liberty to the petitioner to file a fresh

application for assignment, if she is advised so, this

Writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 9763/2017

PETITIONER EXHIBITS EXT.P1 THE TRUE COPY OF THE APPLICATION BY MR.JOSEPH DATED 4.5.2011 EXT.P2 THE TRUE COY OF THE REPORT DATED 27.9.2011 EXT.P3 THE TRUE COPY OF THE REPORT DATED 13.6.2012 EXT.P4 THE TRUE COPY OF THE PETITION DATED 15.12.2012 TO THE REVENUE ADHALATH EXT.P5 THE TRUE COPY OF THE COMPLAINT/APPLICATION DATED 10.3.2015 EXT.P6 TRUE COPY OF THE RECEIPT NUMBER JSP/2137/2015 DATED 26.5.2015 RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE