Kerala High Court
K.O.Thresiamma vs The District Collector, Idukki ... 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. 22169 OF 2013
PETITIONER:
K.O.THRESIAMMA, AGED 61 YEARS,
W/O. LATE K.S.JACOB, KODIYAN HOUSE, VAGAMON P.O.,
PASUPPARA VILLAGE, IDUKKI.
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN
RESPONDENTS:
1 THE DISTRICT COLLECTOR, IDUKKI DISTRICT
PIN-685 603.
2 THE SPECIAL TAHSILDAR (LAND ASSIGNMENT)
PEERUMEDU, IDUKKI-685 501.
BY ADVS.
SRI.RIYAL DEVASSY, 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.22169 of 2013
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 22169 of 2013
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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 such other
writ order or direction commanding the respondents
and its officers not to disturb the possession or title of
the petitioner in respect of the land situated in
Pasuppara Village and possessed by the petitioner, to
which Exhibit P2 patta was issued.
ii. Issue a writ of mandamus or such other
writ order or direction directing the 2 nd respondent to
correct the mistake if any in respect of the survey
number of the property in the possession and
ownership of the petitioner in Exhibit.P2 patta and
corresponding records.
And
iii. Grant such other writ, order or direction as
this Honourable Court may deem fit and proper in the
facts and circumstances of the case."[SIC]
2. When this Writ petition came up for
consideration on 11.09.2013, this Court passed the
following order:
"Learned govt. pleader seeks for time to get
instructions. Post after Onam holidays. Status quo shall
be maintained with regard to the petitioners property
covered by Ext.P2 Patta till the next posting date."
3. Now a statement is filed by the 2nd respondent
in which paragraph Nos.4 and 5 are relevant. The same
is extracted hereunder:
"4. It is submitted that the petitioner is residing in
Kodiyan House in Kumily Village. The petitioner did not
reveal under which assignment order she had obtained
two acres of land in Vagamon Village. Actually as per LA
275/89/Passu, she has obtained 2.58 Acres of land in
Vagamon village. The basic tax is paid by her. The
petitioner had obtained the patta from the Tahsildar and
paying the tax and she is the absolute owner of the
property in Sy. No.724 of Vagamon Village. No land was
taken for 'Zero Landless Project Kerala 2015 from
Sy.No.724. The petitioner clearly knew that the survey
number of the land she had obtained as per L.A.
No.275/80 is not correct. The boundaries shown in the
LA sketch and actual possession are different. There is
no need to inform the petitioner for taking the
Government land in its custody.
5. It is submitted that the fundamental rights of
the petitioner is not violated. 2.48 Acres of land in Sy.
No.724 has been granted to her as per L.A.
275/80/Passu of this office. The respondents had not
encroached the land possessed by the petitioner. For the
Zero Landless Project, no land was taken from Sy.
No.724. She had to submit Form No.10 under the Kerala
Survey & Boundaries Act 1988 for identifying the land
that was already allotted to her."
In the light of the above statement, I think the
prayers in this Writ petition can not be entertained.
Therefore, recording paragraph Nos.4 and 5 of the
statement dated 04.11.2013, this Writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 22169/2013
PETITIONER EXHIBITS
P1 : COPY OF THE ORDER OF ASSIGNMENT
ON REGISTRY DTD.23.6.81.
P2 : COPY OF THE PATTA ISSUED BY THE
3RD RESPONDENT DTD.23.6.81.
P3 : COPY OF THE BASIC TAX RECEIPT
DTD.21.6.2012.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
