Kerala High Court
Usha vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 25696 OF 2022
PETITIONER:
USHA,
AGED 40 YEARS
D/O LATE RAMAN E, KATTUMADAM,
IRIYA HOUSE, PULLU VILLAGE AND POST,
HOSDURG TALUK, KASARGOD DISTRICT-671531.
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
ALEX THOMAS
ARJUN RAJA P.C.
SREENATH VIJAYARAGHAVAN
THAHSEEM.A
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 671 123.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, POST VIDHYANAGAR,
KASARGOD- 671 123.
3 THE SUB COLLECTOR,
KANHANGAD, KASARGOD 671 315.
4 THE TAHSILDAR (LR),
MINI CIVIL STATION, HOSDURG,
KANHANGAD- 671 315.
5 THE VILLAGE OFFICER, PULLUR VILLAGE,
HOSDURG TALUK, POST HRIPURAM,
KASARGOD 671 316.
WP(C) NO.25696/2022 2
6 VENGAYIL KIZHAKINIYIL RADHAKRISHNAN NAIR,
AGED 52 YEARS, S/O. LATE KUNHIKANNAN,
KATTUMADAM, IRIYA, PULLU VILLAGE AND POST,
HOSDURG TALUK, KASARGOD DISTRICT 671 531.
BY ADVS.
K.SHRIHARI RAO
N.SHOBHA
SRI. JUSTIN JACOB -SR.GOVERNMENT PLEADER
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.25696/2022 3
JUDGMENT
Dated this the 23rd day of February, 2024
Petitioner has approached this Court seeking a direction to
the respondents to consider Ext.P1 application submitted by the
petitioner for assignment of land having an extent of 100 cents
in Re.Sy.No.492 of Pullur Village and pass orders thereon as
expeditiously as possible along with the application directed to
be considered in Ext.P5 judgment.
2. A counter affidavit has been filed by the second
respondent wherein it is stated that Ext.P1 LA application filed
by the petitioner was rejected as per proceedings
No.LA/114/2017/Pullur dated 05.12.2018 of Tahsildar, Hosdurg.
3. The sixth respondent has also filed a detailed counter
affidavit opposing the relief sought for in the Writ Petition.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader.
Since Ext.P1 application has been rejected as per order
dated 05.12.2018, it is for the petitioner to challenge the said
order. Reserving the said right, the Writ Petition is closed.
Sd/-
VIJU ABRAHAM
JUDGE
csl
APPENDIX OF WP(C) 25696/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF APPLICATION NO. L.A.
114/17/J1/ PULLUR DATED 10.08.2017
SUBMITTED BY PETITIONER
Exhibit P2 TRUE COPY OF THE PETITION DATED 10.08.2017
FILED BEFORE THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF PETITION DATED 01.03.2018
SUBMITTED BY PETITIONER BEFORE THE 4TH
RESPONDENT.
Exhibit P4 TRUE COPY OF REPORT FILED BY THE INSPECTOR
OF POLICE, AMBALATHARA POLICE STATION
BEFORE THE KERALA STATE COMMISSION FOR
SCHEDULE CASTE AND SCHEDULE TRIBES.
Exhibit P5 TRUE COPY OF JUDGMENT DATED 12.10.2021 IN
W.P (C) NO. 20459/2021 PASSED BY HON'BLE
HIGH COURT OF KERALA.
Exhibit P6 TRUE COPY OF THE PETITION DATED 21.06.2022
FILED BY PETITIONER BEFORE THE 4TH
RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R6(b) A true copy of the receipt dated 3.5.2018
for Rs. 30,000/- received by the
petitioner from the 6th respondent
EXHIBIT R6(c) A true copy of the assignment application
made by 6th respondent dated 12.11.2018
before the 4th respondent
EXHIBIT R6(d) A true copy of the proceedings in LCR No.
13/18 dated 25.11.2019 of the 4th
respondent
EXHIBIT R6(e) A true copy of the Form C showing the
particulars of the property and fine
amount dated 25.11.2019 issued by the 4th
respondent to the 6th respondent
EXHIBIT R6(f) A true copy of the order dated 7.5.2021 of
the 3rd respondent
EXHIBIT R6(a) A true copy of the agreement in a Rs.200/-
stamp paper dated 25.11.2017 of the
petitioner and 6th respondent
EXHIBIT R6(g) A true copy of the judgment dated
12.10.2021 in W.P.(C) No. 20459/2021 of
this Hon'ble Court
EXHIBIT R6(i) A true of the reply to the lawyer notice
dated 16.2.2022 of the 4th respondent
EXHIBIT R6(j) A true copy of the instruction given by
the Village Officer of Pullur Village
dated 2.9.2021 and reports dated 2.9.2021
of the Kodoth and Kallar Villages to the
6th respondent
EXHIBIT R6(k) A true copy of the notice dated 5.10.2021
of the Village Officer, Pullur addressed
to 6th respondent
EXHIBIT R6(h) A true copy of the lawyer notice dated
4.1.2022 sent to the 4th respondent
