Thresiamma Thomas vs State Of Kerala
2024 Latest Caselaw 13653 Ker

Kerala High Court

Thresiamma Thomas vs State Of Kerala on 27 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                        WP(C) NO. 18844 OF 2024
PETITIONERS:

    1      THRESIAMMA THOMAS
           AGED 82 YEARS
           W/O. THOMAS, KOLLAMKULATHIL HOUSE, EDAKUNNAM VILLAGE,
           PARATHODU. P.O., KOTTAYAM DISTRICT, (REPRESENTED BY
           POWER OF ATTORNEY HOLDER SUNIL THOMAS, S/O. THOMAS &
           THRESYAMMA, KOLLAMKULATHIL HOUSE, EDAKUNNAM VILLAGE,
           PARATHODU. P.O., KOTTAYAM DISTRICT, PIN- 686 512.)
    2      SUNIL THOMAS,
           AGED 61 YEARS
           S/O. THOMAS & THRESYAMMA KOLLAMKULATHIL HOUSE,
           EDAKUNNAM VILLAGE, PARATHODU. P.O.,
           KOTTAYAM DISTRICT,, PIN - 686512
           BY ADVS.
           M.NARENDRA KUMAR
           HARSHADEV M.


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001
    2      TALUK LAND BOARD
           MALAPPURAM REP. BY ITS CHAIRMAN ZONAL LAND BOARD,
           OFFICE OF THE CHAIRMAN MALAPPURAM, PIN - 676505
    3      DISTRICT COLLECTOR
           OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
           MALAPPURAM., PIN - 675505
    4      THE VILLAGE OFFICER
           TUVVUR VILLAGE OFFICE, MALAPPURAM DISTRICT,
           PIN - 679327

           BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 18844 of 2024
                             ..2..




                    J U D G M E N T

Dated this the 27th day of May, 2024

The limited prayer of the petitioners in this writ

petition is that, before passing further orders

pursuant to Ext.P9 by the 3rd respondent/District

Collector, Ext.P10 representation preferred by the

petitioners shall be considered and the

petitioners be afforded an opportunity of being

heard. The learned counsel for the petitioner

would also canvass a contention that, Ext.P9 is

wholly without jurisdiction.

2. In the circumstances, without addressing the

merits of the matter, this Court directs the 3rd

respondent/District Collector to consider Ext.P10

first - before passing any orders pursuant Ext.P9 -

within a period of one month from the date of

receipt of a copy of this judgment, after

..3..

affording an opportunity of being heard to the

petitioners.

The Writ Petition (Civil) is disposed of, as

above.

Sd/-

C. JAYACHANDRAN JUDGE TR

..4..

APPENDIX OF WP(C) 18844/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO. 362 OF 1996 IN SM PROCEEDINGS NO. 190/1996 DATED 30.10.1996 ISSUED BY VANDOOR LAND TRIBUNAL Exhibit-P2 TRUE COPY OF THE PURCHASE CERTIFICATE NO. 363 OF 1996 IN SM PROCEEDINGS NO. 190/1996 DATED 30.10.1996 ISSUED BY VANDOOR LAND TRIBUNAL Exhibit-P3 TRUE COPY OF THE LAND TAX RECEIPT RECEIVED BY THE 1ST PETITIONER DATED 13.04.2023 IN T.P. NO. 1161 ISSUED BY THE VILLAGE OFFICE, TUVVUR Exhibit-P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17.06.2023 ISSUED BY THE VILLAGE OFFICE, TUVVUR Exhibit-P5 TRUE COPY OF THE LAND TAX RECEIPT RECEIVED BY THE 2ND PETITIONER DATED 2.5.2024 IN T.P NO.2606 ISSUED BY VILLAGE OFFICE TUVVUR Exhibit-P6 TRUE COPY OF THE LOCATION SKETCH OF THE PETITIONER'S PROPERTY Exhibit-P7 TRUE COPY OF THE SALE DEED NO.

44/1/2024 OF SRO KARUVARAKKUNDU, NILAMBUR DATED 5.1.2024 Exhibit-P8 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 2958 /2024 DATED 21.2.2024 Exhibit-P9 TRUE COPY OF THE PROCEEDINGS NO.492/24/ZLB2 DATED 18.5.2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 21.05.2024 BEFORE THE DISTRICT COLLECTOR MALAPPURAM