Joslin T.V vs District Collector
2024 Latest Caselaw 9640 Ker

Kerala High Court

Joslin T.V vs District Collector on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                            WP(C) NO. 24498 OF 2020


PETITIONER:

              JOSLIN T.V
              AGED 36 YEARS
              S/O.VARGHESE, THURAKKAL HOUSE, PUTHUVYPE P.O.,
              KOCHI, PIN-682508.

              BY ADV DENIZEN KOMATH



RESPONDENTS:

     1        DISTRICT COLLECTOR
              COLLECTORATE, KAKKANAD, ERNAKULAM, PIN-682030.

     2        TAHZILDAR,
              TALUK OFFICE, KOCHI, PIN-682001.

     3        VILLAGE OFFICER,
              PUTHUVYPE VILLAGE, PUTHUVYPE P.O., - 682508.

BY ADV.

              SRI. B.S. SYAMANTAK, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24498 OF 2020


                                 2


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
              W.P.(C) No.24498 of 2020
         ----------------------------------------------
       Dated this the 04th day of April, 2024



                          JUDGMENT

The above writ petition is filed with the following

prayers:

"1. Call for the entire records pertaining to the facts pleaded in the Writ Petition (Civil).

2. Issue a Writ of Mandamus, any other Order, Writ or direction, directing the Respondents herein to consider Exhibit P3 and to release the 'Patta' based on proceedings in LA 165/15 pending before the 2nd Respondent, within a time frame.

3. Such other reliefs that this Honourable Court deem fit and proper to grant in the interest of justice.

4. Award costs of the proceedings." SIC WP(C) NO. 24498 OF 2020

2. When this writ petition came up for

consideration, the learned counsel appearing for the

petitioner submitted that, the petitioner will be

satisfied, if a direction is issued to the 2 nd respondent

to consider Ext.P3, within a time frame.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

4. After hearing both sides, I think, that prayer

can be allowed.

Therefore, this Writ Petition is disposed of with

the following directions:

i. The 2nd respondent is directed to consider and

pass appropriate orders in Ext.P3, after giving

an opportunity of hearing to the petitioner and WP(C) NO. 24498 OF 2020

other affected parties, if any, if the same is

still pending, as expeditiously as possible, at

any rate, within a period of five months from

the date of receipt of a copy of this judgment.

ii. The petitioner will produce a certified copy of

the judgment along with a copy of the writ

petition with exhibits before the 2nd respondent

for compliance.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 24498 OF 2020

APPENDIX OF WP(C) 24498/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE REGISTERED WILL EXECUTED BY THE PETITIONER'S FATHER VARGHESE VIDE DOCUMENT NO.76/111/2020 DATED 5.6.2020.

EXHIBIT P2 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE ISSUED BY THE GRAMA PANCHAYAT AUTHORITY.

EXHIBIT P3 TRUE PHOTOCOPY OF THE REQUEST PREFERRED BY THE PETITIONER FOR COMPLETING ALL FORMALITIES REQUIRED TO RELEASE THE PATTA DATED 16.10.2020.

EXHIBIT P3(A) TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD.

RESPONDENTS EXHIBITS :         NIL


                          //TRUE COPY//

                           PA TO JUDGE