Kerala High Court
T.R. Lalji vs The District Collector on 6 June, 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 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 7580 OF 2024
PETITIONER:
T.R. LALJI
AGED 55 YEARS
S/O. RAGHAVAN, THAKADIYIL HOUSE, PONKUNNAM P.O,
KOTTAYAM DISTRICT, PIN - 686506
BY ADVS.
JOHN VARGHESE
SABU JOHN
AYISHA T.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE P.O, KOTTAYAM, PIN - 686002
2 THE REVENUE DIVISIONAL OFFICER
COLLECTORATE P.O, KOTTAYAM, PIN - 686002
3 THE TAHSILDAR
TALUK OFFICE, KANJIRAPPALLY, KOTTAYAM, PIN - 686507
4 THE VILLAGE OFFICER
CHIRAKKADAVU VILLAGE, KOTTAYAM DISTRICT, PIN - 686520
5 TALUK SURVEYOR
TALUK OFFICE, KANJIRAPPALLY, KOTTAYAM, PIN - 686507
6 DISTRICT SURVEY SUPERINTENDENT
COLLECTORATE, KOTTAYAM, PIN - 686002
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7580 OF 2024
2
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.7580 of 2024
---------------------------
Dated this the 6th day of June, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"a) call for the records leading to Exhibit P-1 to P-14;
b) dispense with filing of the translation of
vernacular documents;
c) issue a writ of mandamus or any other
appropriate writ order or direction directing the 3rd
respondent to implement Exhibit P-10 within a time
frame as fixed by this Hon'ble Court;
d) issue a writ of mandamus or any other
appropriate writ order or direction directing the 3rd
and 4th respondents to mutate 3.54 Ares of
property in Block No. 16 resurvey No. 46/24 of
Chirakkadavu Village after implementing Exhibit P-
10;
e) issue any other appropriate writ order or direction
as this Hon'ble Court deems fit and necessary in the
facts and circumstances of the case; and
f) award costs of these proceedings." (SIC)
2. The main prayer in this writ petition is to issue
appropriate direction to the 3rd respondent to implement
Ext.P10. Ext.P10 is an order passed by the District Collector
on 29.09.2021, in which it is stated that necessary steps
shall be taken within one month. It is surprising to see that
WP(C) NO. 7580 OF 2024
even now the officers are not able to implement the order
of the District Collector. It will be better to extract the
relevant portion of the order passed by the District Collector
which is produced as Ext.P10.
"മ ൽ സ ഹചര ത ൽ, 26.8.2017 ല സർക ർ
ഉതരവ (എ .എസ) ന .303/2017 റവന ഒന o
പ ര വ റ സർമവ പ ർത യ ക റ മക ർഡ കൾ
റവന ഭരണത ന കക റയടള
വ മ'ജ കള ൽ ഭ സ ബന ച എ'
പര ത കള മ ൽനടപട സ/ കര ക ൻ
തഹസ ൽദ ർക ച ത യ ളളത ന
കക യ ലട പര ത വ ഷയത ൽ സർമവ ആൻഡ
ലബ5ണറ സ ആക7 13(A)-)0 പപക ര നടപട കൾ
സ/ കര ച ഒര സത ന ള ൽ പര ത
ത ർപ ക നത ന ക ഞ രപള തഹസ ൽദ ർക
ന ർമ;ശ നൽക ലക ണ വ യന 1 റ വ ഷൻഹർജ
ത ർപ ക ഇത ന ൽ ഉതരവ ക ന . ഇപപക ര
ബഹ കഹമക ടത യ ലട സ ചന 3 ഉതരവ
പ ച ര ക ന ."
3. Thereafter, Ext.P11 is issued by the Taluk
Surveyor, Kanjirappally on 17.12.2021. Even now, the
directions are not complied is the grievance. I am of the
considered opinion that as long as Ext.P10 is in force, the
WP(C) NO. 7580 OF 2024
authority concerned should implement the same forthwith.
A time limit can be fixed. Therefore, this writ petition is
disposed of with the following directions:-
1) The 3rd respondent is directed to do the needful
to see that the directions in Ext.P10 is implemented
as expeditiously as possible, at any rate, within
three months from the date of receipt of a certified
copy of this judgment.
2) The petitioner will co-operate with the
authorities for demarcating the boundaries of the
property.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
WP(C) NO. 7580 OF 2024
APPENDIX OF WP(C) 7580/2024
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE DOCUMENT NO. 2877/91
OF SUB REGISTRAR'S OFFICE.
KANJIRAPPALLY, EXECUTED ON 07-09-1991
EXHIBIT P-2 TRUE COPY OF THE TAX RECEIPT DATED 29-
03-1996 ISSUED BY THE 4TH RESPONDENT,
EVIDENCING PAYMENT OF TAX FOR 3.54 ARES
OF LAND
EXHIBIT P-3 TRUE COPY OF THE TAX RECEIPT DATED 06-
04-2006 EVIDENCING RECEIPT OF TAX FOR
1.92 ARES OF LAND
EXHIBIT P-4 A TRUE COPY OF THE CERTIFICATE NO. C-
2541/04 DATED 23-09-2004 ISSUED BY THE
4TH RESPONDENT
EXHIBIT P-5 TRUE COPY OF THE ORDER NO. A7-
15087/2010 DATED 22-12-2010 ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P-6 TRUE COPY OF THE ORDER DATED 02-08-2011
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P-7 TRUE COPY OF THE THANDAPER REGISTER IN
RESPECT OF ONE PRADEEP AND HIS WIFE
SHIRLEY
EXHIBIT P-8 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT, WITHOUT ITS ANNEXURES
EXHIBIT P-9 TRUE COPY OF THE JUDGMENT DATED 16-03-
2020 IN W.P.(C) NO. 6360/2020 OF THIS
HON'BLE COURT
EXHIBIT P-10 TRUE COPY OF THE ORDER DATED 29-09-2021
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P-11 TRUE COPY OF THE NOTICE DATED 17-12-
WP(C) NO. 7580 OF 2024
2021 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P-12 TRUE COPY OF THE LETTER DATED 30-12-
2021 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT
EXHIBIT P-13 TRUE COPY OF THE LETTER DATED 05-01-
2022 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT
EXHIBIT P-14 TRUE COPY OF THE LAWYER NOTICE DATED
07-02-2023 ISSUED ON BEHALF OF THE
PETITIONER TO THE RESPONDENTS
