Kerala High Court
Sarala K.T vs The Tahsildar, Vythiri Taluk on 15 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 6323 OF 2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 6323 OF 2014
PETITIONER/S:
1 SARALA K.T.
AGED 57 YEARS
W/O. KARUNAKARAN, BYJU NIVAS, MUCHUKUNNU.P.O,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
2 BYJU.A.K.
AGED 39 YEARS
S/O.KARUNAKARAN, BYJU NIVAS, MUCHUKUNNU.P.O,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
3 SONY.C.K.
AGED 29 YEARS
S/O.KARUNAKARAN, BYJU NIVAS, MUCHUKUNNU.P.O,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADVS.
SRI.P.R.SREEJITH
SRI.M.PROMODH KUMAR
RESPONDENT/S:
1 THE TAHSILDAR, VYTHIRI TALUK
WAYANAD DISTRICT-673576.
2 THE VILLAGE OFFICER
KUNNATHIDAVAKA VILLAGE, VYTHIRI TALUK, WAYANAD
DISTRICT-673576.
WP(C) NO. 6323 OF 2014 2
3 THE DISTRICT COLLECTOR
WAYANAD-673576.
4 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 T.P. ABDURAHMAN
S/O. ABOOBACKER, THEKKEPURAYIL, KIZHAKKOTHAMSOM,
PANNOOR, KODUVALLI, KOZHIKODE DISTRICT-673572.
6 ABDURAHMAN
AGED 69 YEARS
S/O. KUNHAMMAD, OTHAYOTH VEEDU, MADAKKUNNU.P.O.,
KOTTATHARA AMSOM, KALPATTA, WAYANAD DISTRICT-673121.
7 K.K. ABOOBACKER
AGED 64 YEARS
S/O. KUNHIPPERI, PARAKKAMBANATH VEEDU,
ILAYETTIL.P.O., KODUVALLI, KOZHIKODE DISTRICT-673572.
8 A. KOMU
AGED 62 YEARS
S/O BEERANKUTTY,KUNNATHU, KODAKKAD, CHEROOTTY NAGAR
HOUSING COLONY, PUTHIYARA, KOZHIKODE-673004.
BY ADVS.
GOVERNMENT PLEADER
SRI.CIBI THOMAS
OTHER PRESENT:
SRI BS SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6323 OF 2014 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 6323 of 2014
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Dated this the 15th day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
" i) Declare that the petitioners' entitlement for assignment
of the property covered by Ext.P1 and P2 consequent to Ext.P3
is liable to be considered by the 1st respondent based on Ext.P5
representation.
(ii) Issue a writ of mandamus or other appropriate writ order
or direction commanding the 1st respondent to consider Ext.P5
representation along with directions in Ext.P4 judgment,
conduct necessary enquiry and decide on the petitioners'
entitlement for assignment of the property covered by Ext.P1
and P2 in their favour in the light of Ext.P3, within a time
frame.
(iii) Grant such other reliefs which this Hon'ble Court may
deem fit and necessary to grant in the circumstances of the
case." [sic]
3. The main prayer in this writ petition is to consider
Ext.P5 representation. This writ petition is pending before this
Court from 2014 onwards. If there is any surviving grievance to
the petitioners, the petitioners are free to approach the 1 st
respondent with a fresh representation. If such a representation
is received, the 1st respondent will consider the same in
accordance with law after giving an opportunity of hearing to
the petitioners.
With the above observation, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 6323/2014
PETITIONER EXHIBITS
P1. A TRUE COPY OF THE AGREEMENT DATED 28-
5-2002 IN FAVOUR OF THE PETITIONERS
PREDECESSOR IN INTEREST.
P2. A TRUE COPY OF THE EXTRACT OF THE
ASSESSMENT REGISTER ISSUED BY THE 1ST
RESPONDENT SHOWING THE TITLE OF THE
PETITIONERS ASSIGONRS.
P3. A TRUE COPY OF THE RESOLUTION DATED 25-
8-2008 BY THE 4TH RESPONDENT.
P4. A TRUE COPY OF THE JUDGMENT IN WPC NO.
24477/2013 DATED 7-10-2013 OF THIS HONBLE
COURT.
P5. A TRUE COPY OF THE REPRESENTATION DATED
28-1-2014 PREFERRED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
