M.V.Martha vs The District Collector, Thrissur
2024 Latest Caselaw 13 Ker

Citation : 2024 Latest Caselaw 13 Ker
Judgement Date : 3 January, 2024

Kerala High Court

M.V.Martha vs The District Collector, Thrissur on 3 January, 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
 WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
                         WP(C) NO. 942 OF 2015
PETITIONERS:

     1       M.V.MARTHA
             AGED 80 YEARS
             W/O.VARGHESE (LATE), THALAKKOTTOR HOUSE,
             P.O.MUNDOOR, THRISSUR DISTRICT - 680 541.
     2       T.L.THOMAS
             S.O.LAZAR (LATE), THALAKKOOTOOR HOUSE,
             P.O.MUNDOOR, THRISSUR DISTRICT - 680 541.
             BY ADVS.SRI.K.R.AVINASH (KUNNATH)
             SRI.ABDUL RAOOF PALLIPATH

RESPONDENTS:

     1       THE DISTRICT COLLECTOR,
             COLLECTORATE, AYYANTHOLE,THRISSUR - 680 003.
     2       TAHSILDAR
             THRISSUR TALUK, TALUK OFFICE, CIVIL STATION,
             THRISSUR - 680 001.
     3       THE VILLAGE OFFICER
             THANGALOOR VILLAGE, VILLAGE OFFICE, THANGALOOR,
             MUNDUR P.O., THRISSUR - 680 541.
     4       AVANUR GRAMA PANCHAYATH
             REPRESENTED BY ITS SECRETARY, VELAPPAYA,
             MEDICAL COLLEGE P.O., THRISSUR - 680 596.
     5       ZILA SAINIK BOARD
             OFFICE OF THE ZILA SAINIK BOARD,
             THRISSUR - 680 020.
     6       THE STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.
             BY ADV ASSISTANT SOLICITOR GENERAL
             SRI.B.S.SYAMANTAK, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.01.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.942/2015

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                      W.P.(C).No.942 of 2015
              ----------------------------------------------
            Dated this the 03rd day of January, 2024


                            JUDGMENT

This writ petition is filed with following prayers:

i. Declare that the petitioners are entitled to get a certificate or such other document conferring title in lieu of the lost original sales certificate issued to the predecessor in interest of the petitioners in 1944 with respect to properties admeasuring 0.3050 Hectares (75.36 Cents) & 0.2820 Hectares (69.68 Cents) comprised in Resurvey No:63/1 and 64/9 respectively of Thangaloor Village, Thrissur District.

ii. Declare that the entries in the revenue records describing the properties admeasuring 0.3050 Hectares (75.36 Cents) & 0.2820 Hectares (69.68 Cents) comprised in Resurvey No:63/1 and 64/9 respectively of Thangaloor Village, Thrissur District as "Purmboke" & "Cattle grazing land" is liable to be corrected.

iii. Issue writ of mandamus or such other writ directing the 1st respondent to issue a certificate or such other document conferring title in lieu of the lost original sales certificate issued to the

predecessor in interest of the petitioners in 1944 with respect to properties admeasuring 0.3050 Hectares (75.36 Cents) & 0.2820 Hectares (69.68 Cents) comprised in Resurvey No:63/1 and 64/9 respectively of Thangaloor Village, Thrissur District.

iv. Issue writ of mandamus or such other writ directing the respondents 1 to 3 to correct the entries in the revenue records describing the properties admeasuring 0.3050 Hectares (75.36 Cents) & 0.2820 Hectares (69.68 Cents) comprised in Resurvey No:63/1 and 64/9 respectively of Thangaloor Village, Thrissur District as "Purmboke" & "Cattle grazing land". v. Issue writ of mandamus or such other writ directing the respondents 1 to 3 to consider the factum of possession of the petitioners over the properties admeasuring 0.3050 Hectares (75.36 Cents) & 0.2820 Hectares (69.68 Cents) comprised in Resurvey No:63/1 and 64/9 respectively of Thangaloor Village, Thrissur District and take note of such facts in the survey being conducted and records being prepared in pursuance of the devesting proceedings initiated by Exhibit P5 and P6.

vi. Grant such other order that this Hon'ble court may deem fit and proper in the facts and circumstances of this case.

(SIC)

2. The counsel for the petitioners submitted that the

2nd petitioner is no more. After hearing the counsel for the

petitioners on behalf of the 1st petitioner and the Government

Pleader, I am of the considered opinion that the grievance of

the 1st petitioner is to be raised before the 1 st respondent by

filing an appropriate representation. If any such a

representation is filed, there can be a direction to the 1 st

respondent to consider the same within a time frame, with

notice to the 1st petitioner.

Therefore, this writ petition is disposed of with following

directions:

1. The 1st petitioner is free to file a

representation before the 1st respondent

narrating her grievance raised in this

writ petition, within four weeks from the

date of receipt of a certified copy of this

judgment.

2. Once such a representation is filed, the

1st respondent will consider the same

and pass appropriate orders in it, after

affording an opportunity of hearing to

the 1st petitioner, as expeditiously as

possible, at any rate, within four months

from the date of receipt of the

representation.

3. All the contentions raised by the

petitioners are left open.

4. The 1st petitioner shall produce a

certified copy of this judgment along

with a copy of this writ petition before

the 1st respondent while submitting the

representation.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 942/2015

PETITIONER EXHIBITS EXT.P1: COPY OF THE SERVICE PARTICULARS OF MR.LAZAR DATED 01/06/1987 ISSUED BY THE ARMY ORDNANCE CORPS (AOC) RECORDS OFFICE, SECUNDERABAD.

EXT.P2: COPY OF THE COMMUNICATION IN THIS REGARD WITH NO. O/77426/D/ES DATED 19/04/1944 ISSUED FROM THE AOC RECORDS, SECUNDERABAD.

EXT.P3: COPY OF THE APPLICATION DATED 22/11/2006 SUBMITTED BY THE 1ST & 2ND PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE APPLICATION DATED 22/11/2006 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE COPY OF THE COMMUNICATION DATED 21/12/2011 ISSUED BY THE 2ND RESPONDENT.

EXT.P6: COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 08/05/2012.

EXT.P7: COPY OF THE LETTER DATED 10/07/2012. EXT.P8: COPY OF THE BASIC TAX REGISTER. EXT.P9: COPY OF THE DECISION OF THE 4TH RESPONDENT DATED 24/07/2012.

EXT.P10: COPY OF THE LETTER OF THE SECRETARY OF THE 4TH RESPONENT DATED 27/07/2012 TO THE 1ST RESPONDENT.

EXT.P11: COPY OF THE REPRESENTATION DATED 26/12/2013 SUBMITTED BY THE PETITIONERS AND THEIR CHILDREN TO THE 6TH RESPONDENT.

EXT.P12: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE STATE PUBLIC INFORMATION OFFICER DATED 10/11/2014. EXT.P13: REPLY LETTER DATED 17/11/2014 OF THE STATE PUBLIC INFORMATION OFFICER.