Kerala High Court
Baby Panicker vs The State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 34726 OF 2017
PETITIONERS:
1 BABY PANICKER
AGED 65 YEARS, S/O.KESAVA PANICKER, PARVATHY BHAVAN,
CHOONDUPALAKA, KULATHUMMAL VILLAGE, MYLAKKARA P.O.,
NEYYATTINKARA.
2 ADDL.P2. T.S.SARIKA
AGED 71 YEARS, W/O. LATE BABY PANICKER, RESIDING AT PARVATHY
BHAVAN, CHOONDUPALAKA, KULATHUMMAL VILLAGE, MYLAKKARA
P.O., NEYYANTINKARA, THIRUVANANTHAPURAM, PIN- 695 572.
3 ADDL.P3. LIJI.B.S
AGED 50 YEARS, W/O. SANJEEV, RESIDING AT VILLA NO.28,
SFS JADE GREEN VILLAS, SKYLINE ROAD, PEYAD,
THIRUVANANTHAPURAM, PIN: 695 573.
4 ADDL.P4. VIJI.B.S
AGED 48 YEARS, W/O. SHYAMKUMAR, RESIDING AT KRISHNA,
SNRA ID, SREE NAGAR, MUKKOLAKKAL P.O.,
THIRUVANANTHAPURAM, PIN: 695 009.
5 ADDL.P5. PRIJILAL.B.S
AGED 44 YEARS, S/O. LATE BABY PANICKER, RESIDING AT KESAV,
KALLIKAUD, MYLAKARA P.O., THIRUVANANTHAPURAM, PIN- 695 572
(ADDITIONAL P2 TO P5 ARE IMPLEADED AS PER ORDER DATED
29.09.2022 IN I.A. 1/2022.)
BY ADVS.
SRI.K.B.PRADEEP
SMT.J.HARIPRIYA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 DISTRICT COLLECTOR, THIRUVANANTHAPURAM
OFFICE OF THE DISTRICT COLLECTOR,
WP(C) NO. 34726 OF 2017
2
THIRUVANANTHAPURAM-695 043.
3 LAND REVENUE COMMISSIONER
OFFICE OF THE LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM-695 001.
4 THAHASILDAR
KATTAKKADA TALUK, KATTAKKADA,
THIRUVANANTHAPURAM - 695 572
BY ADV.
SRI. B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 34726 OF 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.34726 of 2017
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Dated this the 21st day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Call for the records leading to Exhibit P-6 order
and quash the same by a writ of Certiorari.
ii) Direct the respondents to assign the land having
an extent of 4 Acres & 50 cents, comprised in
Re.Sy.NO. 241/5 (Old sy no. 410/1/25 & 410/1-19)
of Kallikad Village of Neyyattinkara Taluk, in favour
of the petitioner by issuing a writ of mandamus.
iii) Issue such other order or writs which this
Hon.Court deems fit, proper and equitable in the
facts and circumstances of this case" SIC
2. The petitioner's application for assignment
WP(C) NO. 34726 OF 2017
of land was dismissed by Ext.P6 order by the 3 rd
respondent. According to the petitioner, eventhough,
the assignment is recommended by the competent
authority, the 3rd respondent rejected the same as per
Ext.P6. According to the petitioner, he was in
possession of the property from 1968 onwards.
Different documents are produced before this Court to
substantiate the case of the petitioner. The sum
substance of the argument is that Ext.P6 is
unsustainable.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. After going through Ext.P6 order, I am of the
considered opinion that, this Court cannot interfere
with the same, because, there are disputed facts
WP(C) NO. 34726 OF 2017
which cannot be decided by this Court in a writ
petition under Article 226 of the Constitution of India.
Therefore, if the petitioner is advised, he can approach
the Civil Court with appropriate proceedings, in
accordance with law. All the contentions raised by the
petitioner in this writ petition are left open. The
learned counsel for the petitioner submitted that, the
petitioner may be allowed to remove the trees planted
by him in the property. That question also is left open.
Therefore, granting liberty to the petitioner to
approach the competent Civil Court, this writ petition
is disposed of. All the contentions raised by the
petitioner in this writ petition, are left open.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 34726 OF 2017
APPENDIX OF WP(C) 34726/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT
DT.22-02-2016 IN WP(C)NO.28904/2012 &
WP(C)NO.1964/2013.
EXHIBIT P2 TRUE COPY OF ORDER DT.13-12-2016 OF
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REVISION PETITION
NO.L.R.J-3-16247 DTD 27-03-2017.
EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 30-03-
2017 IN WP(C)NO.11158 OF 2017.
EXHIBIT P5 TRUE COPY OF ORDER DATED 22-06-2017
IN CONT.CASE (C) NO.652/2017.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE
LAND REVENUE COMMISSIONER DATED
05-10-2017 IN REVISION PETITION
NO.L.R.J3-16247/2017.
EXHIBIT P7 TRUE COPY OF THE POSTAL COVER.
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
