Kerala High Court
Girija Antharjanam C.V vs State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA,
1945
WP(C) NO. 10729 OF 2015
PETITIONER:
GIRIJA ANTHARJANAM C.V, AGED 57 YEARS
CHENGAZHASSERI ILLAM,MUDAKUZHA P.O.,
PERUMBAVOOR,ERNAKULAM DISTRICT-683 546.
BY ADVS.
SRI.M.SASINDRAN
SRI.SATHEESHAN ALAKKADAN
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF REVENUE,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTORCLUB ROADMARINE DRIVE
ERNAKULAM-682 011.
3 THE TAHSILDARKUNNATHUNADU TALUK
TALUK OFFICE,PERUMBAVOOR-683 542.
4 THE VILLAGE OFFICERVENGOOR WEST
ERNAKULAM DISTRICT-683 546.
5 ADDL.R5 BALAMANI ANTHARJANAM
W/O. LATE RAMAN VASUDEVAN ILAYATH,
CHENGAZHASSEI ILLAM, VENGOOR WEST VILLAGE,
MUDAKUZHA KARA P.O., 683546.
6 ADDL.R6 N.S.S.KARAYOGAM
REG.NO.5298, MUDAKUZHA, REPRESENTED BY ITS
SECRETARY, AJITHKUMAR, S/O THANKAPPAN, AGED
37 YEARS, ELABLASSERI HOUSE, THRIKKEPPARA
KARA, VENGOOR WEST VILLAGE, MUDAKUZHA P.O.,
683546. (ADDL. R5 AND R6 IMPLEADED AS PER
ORDER DATED 09/04/2015 IN IA.NO.5470/2015).
W.P(C).10729/2015
2
BY ADVS.
SRI.K.SUNILKUMAR
OTHER PRESENT:
SRI. RIYAL DEVASSY GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).10729/2015
3
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.10729 of 2015
-------------------------------------------
Dated this the 6th day of February, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
i) issue a writ of mandamus or any other writ or order
directing the respondents 2 to 4 to assign the
property described in Exhibit P1 in favour of the
petitioner;
ii). quash the findings in Exhibit P2 with regard to the
termination of the Exhibit P1 Kuthakapattam lease
granted in favour of Parameswaran Vasudevan
Elayath;
iii) command the 1st respondent to consider and pass
orders on Exhibit P7 application, within one month;
iv). issue any other writ order or direction as this
Hon'ble Court may deem fit in the facts and
circumstances of the case.
[SIC]
2. The petitioner is the granddaughter of Chengazhassery
Illam Parameswaran Vasudevan Elayath, who got Kuthakapattam
lease in Vengoor West Village Block No.17 in R.S.No.35/9 having an
W.P(C).10729/2015
extent of 40 cents of landed property on the basis of the order in
L.C.No.2116 of 1957 and 65/53 of Tahsildar, Kunnathunadu Taluk.
One Balamany Antharjanam, who according to the petitioner is no
way connected with the legal heirs of Parameswaran Vasudevan
Elayath executed an unregistered sale deed in favour of the NSS
Unit by selling the property. After knowing the same, the petitioner
and other family members filed a suit against the above said
Balamany Antharjanam and NSS contending that the sale deed is
not legally valid and it is not binding on the above said property. It
is submitted that the said suit was disposed and the matter is
pending before this Court as R.S.A.No.856/2017. The petitioner
also submitted an application to the 2nd respondent through the 4th
respondent for assignment of the property in her favour under the
Land Assignment Rules as evident by Ext.P7. The same is not
considered is her grievance. Hence this Writ Petition.
3. Heard learned counsel for the petitioner and the counsel
appearing for the 6th respondent.
4. After hearing both sides, I am of the considered opinion
that the contentions raised by the petitioner on merit cannot be
W.P(C).10729/2015
considered because the matter is pending in second appeal before
this Court. But, as far as Ext.P7 application is concerned, there can
be a direction to consider the same if it is pending as on today and
pass appropriate orders in accordance with law, after giving an
opportunity of hearing to the petitioner and other affected parties. I
make it clear that, I have not considered the matter on merit and
the authority concerned is free to pass appropriate orders in
accordance with law.
Therefore, this Writ Petition is disposed of with the following
directions:
i) The 3rd respondent is directed to consider and
pass appropriate orders in Ext.P7, after giving an
opportunity of hearing to the petitioner and other
affected parties, if any, as expeditiously as possible, at
any rate within three months from the date of receipt of
a copy of judgment.
ii) All other contentions raised by the petitioner are
left open.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).10729/2015
APPENDIX OF WP(C) 10729/2015
PETITIONER EXHIBITS
EXT.P1:A TRUE COPY OF THE KUTHAKAPATTAM ACCOUNT IN
RESPECT OF THE PROPERTY HELD BY PARAMESWARAN VASUDEVAN
ELAYATH ON KUTHAKAPATTAM GRANT.
EXT.P2:A TRUE COPY OF THE RECEIPT FOR THE LEASE RENT PAID
FOR THE YEAR 2007 IN RESPECT OF ABOVE SAID PROPERTY.
EXT.P3:A TRUE COPY OF THE UNREGISTERED SALE DEED DATED
13.1.2012 EXECUTED BY BALAMANI ANTHARJANAM IN FAVOUR OF
N.S.S. UNIT NO.5298.
EXT.P4:A TRUE COPY OF THE LEGAL HEIRS CERTIFICATE IN
RESPECT OF LATE PARAMESWARAN VASUDEVAN ELAYATH ISSUED BY
THE 4TH RESPONDENT.
EXT.P5:A TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT ON 27-3-2013.
EXT.P6:A TRUE COPY OF THE REPORT DATED 10.10.2013 OF THE
2ND RESPONDENT.
EXT.P7:A TRUE COPY OF THE APPLICATION FOR ASSIGNMENT OF
PROPERTY SUBMITTED BY THE PETITIONER ON 7.6.2013 THROUGH
THE 4TH RESPONDENT DATED 4.6.2013.
