Raju A vs State Of Kerala
2024 Latest Caselaw 8961 Ker

Kerala High Court

Raju A vs State Of Kerala on 27 March, 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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                   WP(C) NO. 5346 OF 2013
PETITIONERS:

    1     RAJU A., AGED 50 YEARS
          S/O.BHASKARAN KARAVILA LAKSHAM VEEDU THURUTHIKARA
          THURUTHIKARA (P.O) KOLLAM DISTRICT
    2     APPUKUTTAN, AGED 55 YEARS, S/O PAPPU,
          KAYALVARATHU,THURUTHIKARA THURUTHIKARA (PO)
          KOLLAM DISTRICT
    3     LEELA, AGED 45 YEARS
          W/O.GOPI PILAVILA VEEDU THURUTHIKKARA
          THURUTHIKARA(PO), KOLLAM DISTRICT
    4     SARASWATHY, AGED 45 YEARS
          W/O.SIVANKUTTY KOLLARA CHARUVIL THURUTHIKARA
          THURUTHIKLARA(PO) KOLLAM DISTRICT
    5     SANKARANACHARY, AGED 70 YEARS, S/O.KOCHU PILLA
          ACHARI KOLLARA CHARUVIL,THIRUTHIKARA THIRUTHIKARA
          (PO) KOLLAM DISTRICT
    6     SOMAN, AGED 55 YEARS, S/O.NARAYANAN,ALUMOOTTIL
          VEEDU THOTTATHUMMURI,THOTTAM KUNNATHOOR EAST (PO0
          KOLLAM DISTRICT
    7     THULASEEDHARAN P, AGED 55 YEARS
          S/O.VELUMBAN,THONDALIL VEEDU,KUNNATHOPOR WEST
          KUNNATHOOR EAST (PO0 KOLLAM DISTRICT
    8     MOHANAN PILLAI, AGED 52 YEARS,S/O.KUTTANM PILLAI
          MEMETHU VEEDU IVERKALA EAST (PO) KOLLAM DISTRICT
          BY ADV SMT.M.R.JAYALATHA
RESPONDENTS:

    1     STATE OF KERALA,REPRESENTED BY ITS SECRETARY
          DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT
          THIRUVANANTHAPURAM - 695001
    2     THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM
    3     THE TAHSILDAR, TALUK OFFICE, KUNNATHOOR TALUK,
          KOLLAM DISTRICT
 W.P.(C) No.5346 of 2013

                            2


    4      THE VILLAGE OFFICER, VILLAGE OFFICE,
           KUNNATHOOR VILLAGE, KOLLAM DISTRICT


           BY ADV.
           SRI.B.S.SYAMANTAK, GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5346 of 2013

                               3




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 5346 of 2013
    ------------------------------------------------------
          Dated this the 27th day of March, 2024.


                           JUDGMENT

This writ petition is filed with the following

reliefs:

"i) issue a writ of mandamus or other appropriate writ order or direction to the second and third respondents to take urgent steps for assignment of land mentioned in Exhibits P1 to P4 to the petitioners within a time limit fixed by this Honourable Court;

ii) issue a writ of mandamus or other appropriate writ order or direction to the 3 rd respondent to consider and pass orders on Exhibit P6 application for assignment of land within a time limit fixed by this Honourable Court;

iii) issue a writ of mandamus or other appropriate writ order or direction to the respondents not to assign the land mentioned in Exhibits P2 and P3 sketches to any other persons disregarding the claim of the petitioners; and

iv) issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case;"[SIC]

2. After going through the pleadings in the Writ

petition, I think this Writ petition can be disposed of

directing the authorities to dispose of Ext.P6, if the

same is pending.

Therefore, this Writ Petition is disposed of with

the following directions:

1. The 3rd respondent is directed to

consider and pass appropriate orders

in Ext.P6, if the same is received and

pending as on today, after giving an

opportunity of hearing to the

petitioners, as expeditiously as

possible, at any rate, within a period

of five months from the date of

receipt of a certified copy of this

judgment.

2. If Tahsildar is not the competent

authority, the Tahsildar will forward

the same to the competent authority

in accordance with law.

3. The petitioners will produce a certified

copy of this judgment along with a

copy of this Writ petition with exhibits

before the 3rd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 5346/2013

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DATED 28.07.1993.

EXHIBIT P2 A TRUE COPY OF THE SURVEY SKETCH OF 1 ACRE LAND PROPOSED FOR ASSIGNMENT.

EXHIBIT P3 A TRUE COPY OF THE PLOT DEMARCATED SKETCH DATED 20.07.1993. EXHIBIT P4 TRUE COPIES OF THE ORDER OF THE TAHSILDAR, KUNNATHOOR, DATED 19.02.1994.

EXHIBIT P5 A TRUE COPY OF THE PATTA ISSUED TO SRI.DAMODARAN DATED 05.06.1997. EXHIBIT P5(A) A TRUE COPY OF THE PATTA ISSUED TO SMT.VASANTHA DATED 05.06.1997. EXHIBIT P5(B) A TRUE COPY OF THE PATTA ISSUED TO SRI.VIDYADHARAN DATED 05.06.1997. EXHIBIT P6 TRUE COPIES OF THE APPLICATIONS SUBMITTED FOR ASSIGNMENT OF LAND. EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 31.12.2012 ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR. EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 27.01.2013 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER. EXHIBIT P9 A TRUE COPY OF THE LIST PUBLISHED BY THE DISTRICT COLLECTOR, KOLLAM UNDER THE "ZERO LANDLESS STATE BY 2015" SCHEME.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE