Krishna Agasa vs The Special Tahsildar
2024 Latest Caselaw 5926 Ker

Kerala High Court

Krishna Agasa vs The Special Tahsildar on 23 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
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                     WP(C) NO. 21074 OF 2013
PETITIONER:

            KRISHNA AGASA,
            AGED 75 YEARS,
            S/O.BABU AGASA, RESIDING AT AREPPEKATTE,
            KATTUKUKKE VILLAGE AND POST, KASARAGOD TALUK.
            BY ADV SRI.P.K.MUHAMMED

RESPONDENTS:

    1       THE SPECIAL TAHSILDAR
            KUMBALA, AT KASARAGOD, PIN 671 121.
    2       THE TAHSILDAR
            TALUK OFFICE, KASARAGOD PIN 671 121.



            BY SRI BS SYAMANTAK, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.© No.21074 of 2013
                                    :2 :



                   P.V.KUNHIKRISHNAN, J.
          ---------------------------------------------
                  W.P.(C) No.21074 of 2013
      ------------------------------------------------------
           Dated this the 23rd day of February, 2024.


                               JUDGMENT

This writ petition is filed with the following

prayers:

I) Issue a writ of mandamus or other appropriate writ, order or direction, compelling the 1 st respondent to complete the proceedings in DR -

7726/66-67/Kattukukke Village, Kasaragod Taluk, relating to the assignment of Ac.1.40 in R.S.No.228/3 in favour of the petitioner forthwith.

ii) Grant the petitioner such other and further reliefs which this Hon'ble Court deems just and fit under the facts and circumstances of the case.

iii) Direct the respondent to pay the cost of the proceedings to the petitioner.

2. When this writ petition came up for

consideration on 7.2.2024, this Court directed the

learned Government Pleader to find out as to whether the

assignment application of the petitioner is still pending.

The learned Government Pleader, after getting

instructions, submitted that the petitioner is no more. If

that be the case, this writ petition need not be retained

here. The right of the legal heirs of the petitioner, if any,

is left open.

With this observation, the writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE smv

APPENDIX OF WP(C) 21074/2013

PETITIONER'S EXHIBITS EXHIBIT P1. COPY OF THE ORDER DATED 13.8.1971 PASSED BY THIS HONOURABLE COURT IN RP 12/92 IN CRP NO.111/08. EXHIBIT P2. COPY OF THE NOTICE OF ENQUIRY ADDRESSED TO PETITIONER DATED 29.9.1980 BY THE IST RESPONDENT. EXHIBIT P3. COPY OF THE COMMUNICATION DATED 29.11.1980 SENT BY IST RESPONDENT TO THE PETITIONER. EXHIBIT P4. COPY OF THE REPRESENTATION FILED BY PETITIONER TO THE IST RESPONDENT DATED 29.6.2011. EXHIBIT P5. COPY OF THE REPORT FILED BY THE VILLAGE OFFICER, KATTUKKUKKE, IN KASARAGOD TALUK.

EXHIBIT P6. COPY OF THE REPRESENTATION DATED 26.12.2012 FILED BY PETITIONER BEFORE THE IST RESPONDENT EXHIBIT P7. COPY OF THE APPEAL DATED 23.2.2013 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8. COPY OF THE COMMUNICATION DATED 22.3.2013 OF SECOND RESPONDENT TO THE PETITIONER.