Asokan vs State Of Kerala
2024 Latest Caselaw 9357 Ker

Kerala High Court

Asokan vs State Of Kerala on 3 April, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

           IN THE HIGH COURT OF KERALA AT ERNAKULAM


                             PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
           THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                     WP(C) NO. 28888 OF 2015
PETITIONER/S:

          ASOKAN
          AGED 57 YEARS
          S/O.SUNDARESHAN, LAKSHAM COLONY,
          MUNNAR P.O., IDUKKI DISTRICT-685612.
          BY ADVS.
          SRI.PRAVEEN K. JOY
          SRI.T.A.JOY


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     DISTRICT COLLECTOR
          IDUKKI DISTRICT, COLLECTORATE,
          KUYILIMALA, IDUKKI-685612.
    3     THE TAHSILDAR
          DEVIKULAM TALUK, DEVIKULAM,
          IDUKKI-685612.
    4     THE SPECIAL TAHSILDAR (LAND ASSIGNMENT)
          NIRMITHY KENDRA BUILDING,
          DEVIKULAM-685613.
    5     VILLAGE OFFICER
          DEVIKULAM, IDUKKI DISTRICT-685612.

          BY SRI.S.RANJITH, SPL.GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.28888 of 2015
                                      2



                             JUDGMENT

A.Muhamed Mustaque, J.

The petitioner, as against the rejection of claim for

patta by the order of the District Collector, has approached the

Government with Ext.P11 appeal. The appeal is seen preferred

under Section 22 of the Kannan Devan Hills (Reservation and

Assignment of Vested Lands) Rules, 1977. The appeal was filed as

early as on 13.03.2015. If the appeal filed by the petitioner is still

pending, the Government is directed to dispose of the matter after

notice to the petitioner within two months. If it is already disposed

and the petitioner is not found eligible for entitlement of the patta,

if the petitioner is in any illegal occupation of the land, necessary

action shall be taken by the District Collector to restore the land

without any delay.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE rkj

APPENDIX OF WP(C) 28888/2015

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ELECTORAL IDENTITY CARD.

EXHIBIT P2 THE TRUE COPY OF THE RESIDENTIAL OWNERSHIP CERTIFICATE NO.A4-236/99 DT.20- 4-1999.

EXHIBIT P3          THE TRUE COPY OF THE CASTE CERTIFICATE
                    DT.        21-4-2001.
EXHIBIT P4          THE TRUE COPY OF THE NEW RATION CARD OF

THE FAMILY OF THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE POSSESSION CERTIFICATE.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DT.22- 12-08.

EXHIBIT P7 THE TRUE COPY OF THE GO(MS)NO.394/08/REVENUE DT.20-11-2008. EXHIBIT P8 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DT.04-12-2010. EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R2 DT. 20-02-2011.

EXHIBIT P10 THE TRUE COPY OF THE ORDER PASSED BY R2 DT.13-02-2015.

EXHIBIT P11 THE TRUE PHTOCOPY OF THE APPEAL.