Abraham Philip vs The State Of Kerala
2024 Latest Caselaw 13259 Ker

Kerala High Court

Abraham Philip vs The State Of Kerala on 23 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
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 41427 OF 2016
PETITIONER:
           ABRAHAM PHILIP
           AGED 69 YEARS, S/O. LATE SRI. ABRAHAM THOMAS,
           VALLIYATHU VEEDU, NEDUMON P.O, EZHAMKULAM, ADOOR,
           PATHANAMTHITTA DISTRICT.

            BY ADVS.
            SRI.R.SURAJ KUMAR
            SMT.DEEPA V.
            SMT.V.BEENA
            SRI.SUNIL J.CHAKKALACKAL
            SMT.N.G.SINDHU
            SRI.SAJITH C.GEORGE


RESPONDENTS:
     1     THE STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF
           KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001
    2       THE DISTRICT COLLECTOR
            PATHANAMTHITTA DISTRICT, PATHANAMTHITTA-689645
    3       THE THAHSILDAR
            THALUK OFFICE, ADOOR, PATHANAMTHITTA DISTRICT-68945
  ADDL.4    DILEEP THOMAS ABRAHAM )
            AGED, 59 YEARS, S/O.A.THOMAS, 2D BLOCK 2, MAY FLOWER
            PALM GROVE, CENTRAL STUDIO ROAD, COIMBATORE - 641005
  ADDL.5    SATHEEP T.MATHEW,
            AGED 54 YEARS, SO/.A.THOMAS, VALIYATHU HOUSE,
            EZHAMKULAM, NEDUMOM P.O., VIA ADOOR, PATHANAMTHITTA,
            PIN- 691556
            ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
            4/4/2024 IN I.A.NO.1/2024 IN WP(C) NO.41427/2016
            BY ADVS.
            LINDONS C.DAVIS
            N.S.SHAMILA
            E.U.DHANYA


     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.41427 of 2016


                                     2

                   P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.41427 of 2016
            ---------------------------
              Dated this the 23rd day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i. To issue a writ of certiorari or any other Writ or direction quashing exhibit P-7 communication issued by the 2nd respondent.

ii. To issue a writ of mandamus or any other Writ or direction commanding the respondents to assign the land mentioned in Exhibit P-13 in favour of the petitioner.

iii. To issue a writ of mandamus or any other Writ or direction commanding the respondents to take action in accordance with law on Exhibits P-12 and P-

13.

iv. To grant such other reliefs as this Hon'ble Court may deem fit and proper." [SIC]

2. The petitioner is aggrieved by the alleged inaction on

the part of the respondents in non considering the application

to assign 52 cents of 'Puthuval' property in Re-survey No.71/19

in Survey No.561/5 of the Enadimangalam Village, Block No.26.

Ext.P7 is the impugned order.

3. Heard the learned counsel for the petitioner, the

learned Government Pleader and the learned counsel

appearing for the additional respondents 4 and 5.

The learned Government Pleader submitted that the

property was assigned to the petitioner on payment of market

value. The petitioner refused to pay the market value.

Thereafter, an application is filed to assign the land as evident

by Ext.P8. The same is rejected as per Ext.P9. In Ext.P9, it is

stated that the land can be assigned only to persons, who are

not in possession of any other land. Hence, Ext.P9 order is

passed. This Court perused Ext.P9. There is nothing to interfere

with Ext.P9. In such circumstances, the petitioner need not be

retained here. Hence, this writ petition is dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 41427/2016

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE EXTRACT OF THE TAX RECEIPT DATED NIL.

EXHIBIT P2. TRUE COPY OF THE TAX RECEIPT DATED 3.1.96.

EXHIBIT P3. TRUE COPY OF THE SAID COMMON JUDGMENT AND DECREE DATED 6.3.92 IN OS 251/98 AND OS 345/88 ON THE FILE OF THE MUNSIFFS COURT, ADOOR.

EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED NIL.

EXHIBIT P5. TRUE COPY OF THE NOTICE DATED 22.01.99.

EXHIBIT P6. TRUE COPY OF THE APPLICATION DATED 6.1.11.

EXHIBIT P7. TRUE COPY OF THE LETTER DATED 30.10.12.

EXHIBIT P8. TRUE COPY OF THE REPRESENTATION DATED 14.2.12.

EXHIBIT P9. TRUE COPY OF THE REPRESENTATION DATED 13.9.12.

EXHIBIT P10. TRUE COPY OF THE REPRESENTATION DATED 7.11.12.

EXHIBIT P11. TRUE COPY OF THE REPRESENTATION DATED 29.5.14 SUBMITTED BEFORE THE IST RESPONDENT.

EXHIBIT P12. TRUE COPY OF THE SAID REPRESENTATION DATED 8.10.15 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P13. TRUE COPY OF THE APPLICATION DATED 8.10.15 SUBMITTED BEFORE THE 3RD RESPONDENT.