Citation : 2024 Latest Caselaw 15369 Ker
Judgement Date : 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 15106 OF 2024
PETITIONER:
RAVEENDRAN P.V
AGED 63 YEARS
S/O VELAYUDHAN, AGED 63 YEARS, PAZHAYADATHU HOUSE, ANJOOR
P.O., THRISSUR DISTRICT, PIN - 680541
BY ADVS.
ASOK KUMAR K.P.
RAKESH S MENON
ALEXANDER K.C.
ABDUL HAMEED RAFI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
2 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
3 THE TAHSILDAR
TALUK OFFICE, CHEMBUKKAVU, THRISSUR DISTRICT,
PIN - 680020
4 THE VILLAGE OFFICER
CHITTILAPPILLY P.O., CHITTILAPPILLY, THRISSUR DISTRICT,
THRISSUR, PIN - 680551
5 ADAT GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, ADAT P.O., THRISSUR
DISTRICT,, PIN - 680551
6 THE SECRETARY
ADAT GRAMA PANCHAYAT, ADAT P.O.,THRISSUR DISTRICT,, s
PIN - 680551
SR.GP-DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.15106 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.15106 of 2024
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Dated this the 5th day of June, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction
to the 3rd respondent to complete all preliminary formalities and to
place Ext. P1 application for assignment of land before the Taluk
Level Assignment Committee, to take a decision on the same in
accordance with law.
2. It is averred that the petitioner is in possession of an extent
of 0.0198 hectare of Government Land in Resurvey No.264/9 of
Chittilappilly Village, Thrissur Taluk, Thrissur District. The
petitioner has preferred Ext.P1 application in the prescribed
format for assignment of land, before the 3 rd respondent. Necessary
report has been submitted by the Village Officer concerned. The
petitioner submits that till date, the proceedings on Ext.P1 has not
been finalised.
3. The learned Government Pleader upon instructions
submitted that the 3rd respondent is taking necessary steps to
assign the land in the name of the petitioner, if it is found eligible
for assignment as per the provisions of the Kerala Land Assignment
Rules, 1964.
Taking into consideration the facts and circumstances of the
case, I am inclined to dispose of the writ petition with a direction to
the 3rd respondent to finalise the proceedings on Ext.P1 application
submitted by the petitioner, at the earliest, at any rate, within an
outer limit of six months from the date of receipt of a copy of this
judgment, with notice to the petitioner and any other affected
parties. Till a decision is taken as directed above, no steps shall be
taken to evict the petitioner from the subject property.
Sd/-
VIJU ABRAHAM JUDGE sm/
APPENDIX OF WP(C) 15106/2024
PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER DATED 10.08.2023 TO THE 3RD RESPONDENT Exhibit P-2 TRUE COPY OF THE EXTRACT OF BASIC TAX REGISTER PERTAINING TO SURVEY NO.264/9 OF CHITTILAPPILLY VILLAGE Exhibit P-3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN KESAVA REDDIAR V. DISTRICT COLLECTOR ( 1992 (1) KLT SN 13) Exhibit P-4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN BHASKARAN PILLAI V. STATE OF KERALA, [1991 (2) KLT 332]
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