Kalyani Kunjappan vs State Of Kerala
2024 Latest Caselaw 5891 Ker

Citation : 2024 Latest Caselaw 5891 Ker
Judgement Date : 23 February, 2024

Kerala High Court

Kalyani Kunjappan vs State Of Kerala on 23 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 11033 OF 2015            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                          WP(C) NO. 11033 OF 2015
PETITIONER/S:

      1        KALYANI KUNJAPPAN
               AGED 73 YEARS
               KUMBALAVELIL, OLIYAPURAM P.O.

      2        CHERIAN THAVATHARI
               NILAPPANA THAZHATHU, PALAKUZHA.

      3        FATHIMA HASSAN
               W/O.LATE K.N.HASSAN, KOPPARAMBIL HOUSE, NELLIMATTOM
               P.O,KOTHAMANGALAM.

      4        M.K.THAJUDEEN
               S/O.LATE KUNJUKUNJU, MUNJAKKAL, MYLOOR,
               KOTHAMANGALAM.

      5        RAJU JOSEPH
               S/O.LATE C.M.JOSEPH, CHIYAMPARA, VALIAPARA,
               KUTHUKUZHI P.O, KOTHAMANGALAM.

      6        KURUVILA JOHN
               S/O.KURUVILA ULAHANNAN, ARAYANICKAL, MEENKUNNAM P.O,
               MUVATTUPUZHA.

      7        SANTHA KARUNAKARAN
               D/O.P.K.GOPALAN, KAKKATUKUNNEL HOUSE, ANIKKAD, AVOLI
               P.O, MUVATTUPUZHA.

      8        ALIYAR M.M
               S/O.M.M.MYTHEENPILLAI, MAROTTIKKAL, THANKALAM,
 WP(C) NO. 11033 OF 2015                 2


               KOTHAMANGALAM.

              BY ADVS.
              SRI.P.A.AZIZ
              SRI.I.G.MANOHARAN
              SRI.N.N.PANKAJAKSHAN



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY REVENUE, LAND REFORMS
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695
               001.

      2        THE DISTRICT COLLECTOR
               ERNAKULAM 682 030.

      3        THE TAHSILDAR
               MUVATTUPUZHA 686 661.

      4        THE TAHSILDAR
               KOTHAMANGALAM, 686 691.


OTHER PRESENT:

               SRI RIYAL DEVASSY, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.02.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 11033 OF 2015                3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C.) No.11033 of 2015
                     --------------------------------------
              Dated this the 23rd day of February, 2024


                                    JUDGMENT

The above writ petition is filed with following prayers :

"i) To issue a Writ of Mandamus or any other appropriate writ, order directing the R1 and R2 to implement Ext.P1 judgment and Ext.P18 undertaking and Ext.P19 order.

ii) To issue a Writ of mandamus or any other appropriate writ or order directing R2 to dispose of the Ext.P21 to Ext.P28 representations of the petitioners and issue orders allotting land available as per Ext.P32 record of information as well as balance land, if any as per Ext.P14.

iii) to call for the records leading to Ext P-20 media report in which names of 8 allottees are different from that of the 11 Petitioners as per Ext.P-1 judgment as also in W.P.No 9435/2010 for whom the benefit of Ext. P-19 ought to have been extended and order for appropriate enquiry in the matter of substitution made by 8 strange allottees.

iv) to call for the records of land area identified and notified, situated in Muvattupuzha and Kothamangalam

Taluks or adjacent area to be distributed among the landless agricultural labourers and order for allotment of one acre each as per Ext.P-1 judgment.

v) To declare that the petitioners are entitled to be given top most preference in any fresh allotment of land by the Govt. from among the land available in Kothamangalam and Muvatupuzha Taluks as per the undertaking in Ext.P-18 and to comply with the order by the Hon'ble High Court in O.P.No.6227/ 84 particularly in view of Ext.P-18 undertaking by R-1 and R-2.

vi) Issue such other writ, orders, directions including interim orders

vii) deem fit and proper in the circumstances of the case;

And allow this Writ Petition with costs." [sic]

2. The main prayer in this writ petition is to issue

direction to respondent Nos. 1 and 2 to implement the directions

in Ext.P1 judgment. Ext.P1 is a judgment dated 06.09.1988. It is

submitted that Ext.P1 original petition was filed on behalf of the

petitioners also. After hearing the parties, I see no reason for not

implementing the directions in Ext.P1 judgment. It is also

submitted that some of the petitioners in Ext.P1 judgment

were given property based on the direction. The petitioners are

excluded is the grievance. If that is the case, I think there can

be a direction to the 2nd respondent to see that Ext.P1

judgment is implemented in accordance with law, within a time

frame. The counsel for the petitioners handed over a

proceedings of the Tahsildar, Kothamangalam bearing No.C4-

EKM0840382/2023 dated 14.02.2024 in which it is stated that

subject to the directions of this Court in this writ petition,

necessary steps will be taken. If that is the case, there can be a

direction to the 2nd respondent to do the needful, in accordance

with law.

Therefore, this writ petition is disposed of with the

following directions:

1) The 2nd respondent will consider Exts.P21 to P28

representations and take necessary steps in accordance

to the directions in Ext.P1 judgment, after giving an

opportunity of hearing to the petitioners or their

representatives as expeditiously as possible, at any rate,

within six months from the date of receipt of a certified

copy of this judgment.