Thrivikraman Pillai vs The Village Officer
2024 Latest Caselaw 15871 Ker

Kerala High Court

Thrivikraman Pillai vs The Village Officer on 6 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 39094 OF 2016            1



                 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. 39094 OF 2016
PETITIONER/S:
          THRIVIKRAMAN PILLAI
          AGED 39 YEARS
          AGED 59, S/O. MADHUSOODANAN NAIR, VAKKAYIL
          PADINJATTATHIL HOUSE, VILAKKUDY, PATHANAPURAM TALUK,
          KOLLAM DISTRICT, REPRESENTED BY ITS POWER OF
          ATTORNEY HOLDER, JYOTHISH KUMAR,AGED 39, S/O.
          MADHUSOODHANAN NAIR, VAKKAYIL PADINJATTATHIL HOUSE,
          VILAKKUDY, PATHANAPURAM TALUK, KOLLAM DISTRICT.

               BY ADVS.
               SRI.R.BINDU (SASTHAMANGALAM)
               SRI.PRASANTH M.P


RESPONDENT/S:
     1    THE VILLAGE OFFICER
          MELILA, KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506.
      2        THE TAHSILDAR
               KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506.
      3        THE DISTRICT COLLECTOR
               KOLLAM, PIN-691001.
      4        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN-695001.
               BY ADVS.
               GOVERNMENT PLEADER,SRI.B.S.SYAMANTAK

     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. 39094 OF 2016             2




                      P.V.KUNHIKRISHNAN, J
                    --------------------------------------
                     W.P.(C.) No.39094 of 2016
                    --------------------------------------
                 Dated this the 6th day of June, 2024



                                  JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a declaration that the respondents have absolutely no right or authority to include any portion of the property which is in the absolute possession and enjoyment of the petitioner pursuant to Exhibit P1 document in the Zero Landless Project of the Government.

ii issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 1 to 3 not to proceed with the assignment of the property which is in the absolute possession and enjoyment of the petitioner by virtue of Exhibit P1 title deed.

iii. issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 1 to 3 to consider Exhibit P3 to P5 representations after giving the petitioner an opportunity of being heard in the matter, within a time frame to be fixed by this Hon'ble Court. iv. to issue any other writ, direction or order as this

Honourable may deem fit and proper in the facts and circumstances of this case." [sic]

2. The main prayer in this writ petition is to declare

that the respondents have absolutely no right or authority to

include any portion of the property which is in the absolute

possession and enjoyment of the petitioner pursuant to Ext.P1

document in the Zero Landless Project of the Government.

Ext.P2 is the tax receipt produced by the petitioner which

shows that the property of the petitioner is situated in Survey

No. 371/3, 371/8, 371/11 and 371/12. A statement is filed by

the 2nd respondent. It will be better to extract the relevant

portion of the statement.

"6. It is also pertinent to note that the Survey number referred to in Exhibit P1 Sale deed and Exhibit P2 land tax receipt does not make any mention to Re.Sy. No.371/2. The petitioner had purchased an extent of 35 Ares of land in Sy. No.371/3, 27.70 Ares of land in Sy. No.371/8, 52.80 Ares of land in Sy. No.371/11 and 13.30 Ares of land in Sy. No. 371/12 in Block No.17 of Melila Village vide Sale deed No.644/1996 dated 16.02.1996 of SRO, Kottarakkara. No portion of the registered property is included in the Zero landless project."

3. From the above, it is clear that the survey number

referred to in Exts.P1-sale deed and P2 - land tax receipt are

not taken for the Zero Landless Project. If that is the case, the

apprehension of the petitioner is without any basis.

Therefore, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 39094/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF SAID SALE DEED DATED 16-02- 1996.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 24-11-2016.

EXHIBIT P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT DATED 05- 03-2016.

EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT DATED 08- 03-2016.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED NIL.

EXHIBIT P6 TRUE COPY OF THE INTIMATION ISSUED TO THE PETITIONER DATED 22-03-2016.