Kerala High Court
Bhaskaran vs State Of Kerala on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 14770 OF 2024
PETITIONERS:
1 BHASKARAN
AGED 84 YEARS
S/O APPUKUTTAN, TC 67/27 (OLD TC 48/75), BIJU BHAVAN,
AMBALATHARA, POONTHURA PO, MANACAUD, THIRUVANANTHAPURAM,
PIN - 695009
2 BIJU BHASKAR
AGED 47 YEARS
S/O BHASKARAN, TC VPXI/660-1, REVATHY BHAVAN,
KOLLAMKUTTUKUZHI, NETTAYAM PO, THIRUVANANTHAPURAM,
PIN - 695013
BY ADV LIJU. M.P
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM REP. BY SECRETARY,, PIN - 695001
2 THE DISTIRCT COLLECTOR
CIVIL STATION, THIRUVANANTHAPURAM, PIN - 695043
3 THE REVENUE DIVISIONAL OFFICER (LA)
OFFICE OF REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM,
PIN - 695043
4 THE TAHSILDAR (LAND ASSIGNMENT)
FORT TALUK OFFICE, EAST FORT, THIRUVANANTHAPURAM,
PIN - 695023
5 THE VILLAGE OFFICER
MANACAUD VILLAGE, THIRUVANANTHAPURAM, PIN - 695009
6 BIJI S B
AGED 49 YEARS
W/O VIJAYA KUMAR B., TC 67/27, BIJU BHAVAN, KSHATHRIYAN
VILA, AMBALATHARA, THIRUVANANTHAPURAM, PIN - 695026
BY ADV RAJESH P.NAIR
OTHER PRESENT:
GP- DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.14770 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.14770 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
It is averred that the 1st petitioner is in possession and
enjoyment of 3.9 cents of property comprised in Sy.No.830 A of
Manacaud village, which is a Government land and it is on the
banks of the irrigation canal and the hutment therein is in the
possession and name of the 1st petitioner as is evident from Ext.P2.
Ext.P3 is the residential certificate issued by the
Thiruvananthapuram Municipal Corporation. The 1 st petitioner, for
getting assignment of the above said property, has filed an
application as early as in 1990. The Government has also initiated
proceedings as part of the same. The 6 th respondent, who is the
daughter of the 1st petitioner, has been residing with her husband
after marriage. When the wife of the 1st petitioner fell ill, 6th
respondent came back to the house to take care of her mother. But,
after the death of mother, she continued in the house and
started to create issues demanding for transfer the above
said property and house therein in her name. It is also stated
that civil suits are also pending between the parties. To the
surprise of the petitioners, they were intimated by the 4 th
respondent that the above said property has been assigned in the
name of the 6th respondent. The petitioners submit that there was
no intimation from the authority about the assignment of land and
the said assignment has been done without any notice to the
petitioners. The learned counsel for the petitioners would submit
that going by Section 4 of the Kerala Government Land Assignment
Act, 1960 the authority is bound to call for objection from the
person who have any claim to such land, which has not been done
in the present case. Thereupon the petitioners have preferred
Ext.P10 appeal before the 2nd respondent, which is stated to be
pending consideration before the said authority.
2. The learned counsel for the 6 th respondent would submit
that the land has been assigned in her favour and patta has also
been issued to her and after the property was assigned to her, she
has been paying land tax in respect of the said property.
3.Heard the learned Government Pleader as well as the
learned counsel for the 6th respondent.
After hearing both sides I am inclined to dispose of the writ
petition with a direction to the 2nd respondent to take up Ext.P10
appeal preferred by the petitioners and dispose of the same in
accordance with law, after affording an opportunity of being heard
to the petitioners as well as the 6 th respondent and finalise the
proceedings within an outer limit of two months from the date of
receipt of a copy of this judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 14770/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY DATED
19.12.2018 EXECUTED BY THE 1ST PETITIONER
IN FAVOUR OF 2ND PETITIONER
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED
18.02.09 ISSUED BY THE RESPONDENT NO.5
Exhibit P3 TRUE COPY OF THE RESIDENTIAL CERTIFICATE
DATED 20.01.10 ISSUED BY THE
THIRUVANANTHAPURAM MUNICIPAL CORPORATION
Exhibit P4 TRUE COPY OF THE REPLY UNDER THE RIGHT TO
INFORMATION ACT DATED 11.09.18 ISSUED BY
THE THIRUVANANTHAPURAM MUNICIPAL
CORPORATION
Exhibit P5 TRUE COPY OF THE REPLY UNDER THE RIGHT TO
INFORMATION ACT DATED 04.03.2022 ISSUED BY
THE THIRUVANANTHAPURAM MUNICIPAL
CORPORATION
Exhibit P6 TRUE COPY OF THE LETTER DATED 13.05.1991
ISSUED BY EXECUTIVE ENGINEER, IRRIGATION
DIVISION, THIRUVANTHAPURAM TO THE
TAHSILDAR, THIRUVANANTHAPURAM
Exhibit P7 TRUE COPY OF THE REPLAY DATED 16.03.2010
ISSUED FROM THE OFFICE OF 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER DATED 01.04.22
ON THE FILE OF ADDITIONAL MUNSIFF-III,
THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF THE ORDER DATED 03.11.18
ISSUED BY THE TRIBUNAL UNDER 'MAINTENANCE
AND PROTECTION OF PARENTS AND SENIOR
CITIZENSHIP ACT'
Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE 2ND RESPONDENT
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED
19.04.23 ISSUED BY 2ND RESPONDENT TO THE
4TH RESPONDENT
Exhibit P12 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
CARD DATED 18.11.2020 ADDRESSED TO
RESPONDENT NO.4
Exhibit P13 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
CARD DATED 18.11.2020 ADDRESSED TO
RESPONDENT NO.5
Exhibit P14 TRUE COPY OF THE APPLICATION DATED
18.01.24 SUBMITTED TO STATE INFORMATION
COMMISSIONER, THIRUVANANTHAPURAM
Exhibit P15 TRUE COPY OF THE RECEIPT DATED 18.01.24
ISSUED FROM THE OFFICE OF STATE
INFORMATION COMMISSIONER,
THIRUVANANTHAPURAM
