K.Balakrishnan vs State Of Kerala
2024 Latest Caselaw 28954 Ker

Kerala High Court

K.Balakrishnan vs State Of Kerala on 3 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 30757 of 2024

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                                                         2024:KER:73383

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
                        WP(C) NO. 30757 OF 2024

PETITIONERS:
     1     K.BALAKRISHNAN,
           AGED 60 YEARS, S/O. LATE CHANDU,
           KARIYATHIL HOUSE , CHERUTHICHERRY,
           KADANNAPPALLY, PAYYANNUR TALUK,
           KASARAGOD DISTRICT-670501
           NOW RESIDING AT KARIYATHIL HOUSE,
           CHEEMENI PO, KASARAGOD DISTRICT, PIN - 671313

     2      BHAVANI,
            AGED 56 YEARS, D/O. LATE CHANDU,
            BALIKALATHIL, CHERUTHICHERRY,
            KADANNAPPALLY, PAYYANNUR TALUK,
            KASARAGOD DISTRICT-670501
            NOW RESIDING AT KARIYATHIL HOUSE,
            CHEEMENI PO, KASARAGOD DISTRICT, PIN - 671313

           BY ADVS.
           K.MOHANAKANNAN
           A.R.PRAVITHA
RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           REVENUE DEPARTMENT,
           THIRUVANANTHAPURAM, PIN - 695001

     2      THE DISTRICT COLLECTOR,
            COLLECTORATE ROAD, THAVAKKARA,
            KANNUR, KERALA, PIN - 670002

     3      THE TAHSILDAR (LR),
            TALUK OFFICE, PAYYANNUR, ANNUR ROAD,
            PAYYANUR, KANNUR, PIN - 670307

            DEEPA V., GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 30757 of 2024

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                             JUDGMENT

The petitioners' father late Chandu obtained an assignment of

excess land and assignment deed was issued to the late father of the

petitioners under Form-19 of the Ceiling Rules. According to the

petitioners, the said assignment deed was misplaced. Hence, the 1 st

petitioner filed Ext.P3 application before the respondent No.3 to issue

certified copy of the assignment deed and also to issue Form-20 patta.

The limited prayer in this writ petition is to give a direction to the

respondent No.3 to consider Ext.P3 application.

Having heard Sri.K.Mohanakannan, the learned counsel

appearing for the petitioners and Smt.Deepa.V., the learned

Government Pleader, this writ petition is disposed of with a direction to

the respondent No.3 to consider and dispose of Ext.P3 application, in

accordance with law, within a period of three months from the date of

receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:73383

APPENDIX OF WP(C) 30757/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.DCKNR/2450/2022- B5/L.DIS. DATED 16-3-2022 SENT BY THE 3 RD RESPONDENT TO THE 3 RD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.TOPNR/4779/2022-B2.

DATED OF THE 3 RD RESPONDENT DATED 22-8-2022

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1 ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 12-3-2024

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONERS BEFORE THE TAHSILDAR DATED NILL

EXHIBIT P5 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE ISSUED BY THE KADANNAPPALLY VILLAGE OFFICER, DATED 1/7/2024

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1 ST PETITIONER BEFORE THE 2 ND RESPONDENT DATED 17-7-2024

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 19-8-2024