Kerala High Court
P.K.Kareem vs The State Of Kerala on 4 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
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
WP(C) NO. 3828 OF 2014
PETITIONER:
P.K.KAREEM
AGED 53 YEARS
S/O.KOYAKUTTY, RESIDING AT PADANNATTU HOUSE,
T.V.CENTRE, KAKKANADU, CSEZ P.O., KOCHI - 682 037.
BY ADV SRI.P.A.ABDUL JABBAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DISTRICT COLLECTOR
ERNAKULAM DISTRICT, COLLECTORATE, KAKKANADU, PIN - 682
030.
3 THAHASILDAR
KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM, KOCHI, PIN -
682 011.
4 THE VILLAGE OFFICER
KAKKANADU VILLAGE, VILLAGE OFFICE, KAKKANADU, PIN - 682
030.
OTHER PRESENT:
SRI BS SYAMANTA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.3828 of 2014
2
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.3828 of 2014
---------------------------
Dated this the 4th day of January, 2024
JUDGMENT
The petitioner is in possession of 1 ½ cents of land in
Survey No.324/1 in Kakkanad Village. It is the case of the
petitioner that, the said property is on the side of
Irumpanam-Kalamassery road. It is also submitted that on
the back side of the said land he is having ½ cents of land
over which he has got title. Ext.P1 is the tax receipt in
respect of the property owned by him. It is submitted that
the above 2 cents of property is being enjoyed by the
petitioner as a single plot by constructing building therein.
Ext.P2 is the tax receipt issued from Thrikkakara
Municipality for paying property tax.
2. On 14.03.1997, the petitioner made Ext.P3
application for assignment to the 3rd respondent for getting
1 ½ cents of land assigned in his favour. The 3 rd
respondent started enquiry in L.A. No.44/97 proceedings in
which Ext.P4 Mahazar dated 18.07.1997 prepared by the 4th
respondent. It submitted that in Ext.P4 it is reported that
the said land is in possession of the petitioner and he has
constructed building therein. It has recommended that the
property can be assigned by receiving value. Thereafter, as
per Ext.P5, a list was prepared and published notifying the
said land for assignment in favour of the petitioner. No
objections were received by the respondents against the
said notification. Thereafter, 4th respondent was directed by
the 3rd respondent to fix the value of the property.
Accordingly, Ext.P6 report dated 28.06.2000 was submitted
by fixing the value of the land to be assigned as Rs.10,000/-
per cent. Thereafter, there was no action taken is the
submission. The petitioner approached the respondent
repeatedly. Subsequently, as per Ext.P7 letter, he was
intimated from the office of the 3 rd respondent that they are
waiting for a report from the 4th respondent as to for what
purpose the assignment was sought for.
3. It is the case of the petitioner that from the
records of L.A. No.44/97 itself, it can be seen that the
purpose is for the beneficial enjoyment. This fact is clear
from Ext.P8 which form part of the records of L.A.44/97, is
the further submission. When there was further delay, the
petitioner submitted Ext.P9 to the 3 rd respondent for taking
a speedy action is the submission. Ext.P9 was received by
the 3rd respondent as evident by Ext.P10 postal
acknowledgment. So far there is no action taken by the
respondents for assigning the said land to the petitioner.
Hence, this writ petition.
4. Heard the learned counsel for the petitioner and
the learned Government Pleader.
5. A perusal of documents produced along with the
writ petition would show that the proceedings for
assignment of the property is already initiated by the
respondents. Ext.P7 is a information received under the
Right to Information Act. In Ext.P4, it is stated that the
reason for delay in the assignment proceedings is because
of the lack of report from the Village Officer regarding the
purpose of assignment. But, as evident by Ext.P8, it is clear
that the purpose is for beneficial enjoyment.
In such circumstances, I am of the considered
opinion that the delay in considering the assignment
application is without any basis.
6. The learned Government Pleader submitted that
now the petitioner's property is situated in the Municipal
area and hence, the petitioner has to initiate separate steps
through the Municipal authorities. I am of the considered
opinion that the application of the petitioner was already
processed and it is in the final stage. Simply because the
property is now come within the Municipal area, the
petitioner need not initiate the proceedings as afresh.
Therefore, the authorities will consider the assignment
application expeditiously. The petitioner submitted Ext.P9
before the 3rd respondent. Therefore, there can be a
direction to the 3rd respondent to consider Ext.P9 in the
light of the observations in this judgment.
Therefore, this writ petition is disposed of with the
following directions.
1) The 3rd respondent is directed to complete
the proceedings in L.A No.44/97 as
expeditiously as possible, at any rate within
three months from the date of receipt of a
certified copy of this judgment in the light of
the observations in this judgment.
2) The petitioner will produce a certified copy
of this judgment along with a copy of the writ
petition with exhibits before the 3rd respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj/bng
APPENDIX OF WP(C) 3828/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED FROM
THE VILLAGE OFFICE, KAKKANAD.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED FROM
THE THRIKKAKARA MUNICIPALITY.
EXHIBIT P2(A) EXHIBIT P2(A). TRUE COPY OF THE TAX
RECEIPT NO.057302 ISSUED FROM THE
THRIKKAKARA MUNICIPALITY.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR
ASSIGNEMNT SUBMITTED TO THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE MAHAZAR PREPARED BY 4TH
RESPONDENT.
EXHIBIT P5 EXHIBIT P5. TRUE COPY OF THE RELEVANT
PAGE OF THE "PATHIVU LIST" NOTIFIED BY
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPORT SUBMITTED BY THE
4TH RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED TO THE
PETITIONER FROM THE OFFICE OF THE 3RD
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE
LIST WHICH FORM PART OF THE RECORDS OF
L.A.NO.44/97.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARD SHOW ACCEPTANCE OF EXHIBIT P9.
