Padminiyamma vs State Of Kerala
2024 Latest Caselaw 25919 Ker

Kerala High Court

Padminiyamma vs State Of Kerala on 30 September, 2024

                                                      2024:KER:72557
WP(C) NO. 33903 OF 2024

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

     MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                          WP(C) NO. 33903 OF 2024


PETITIONER/S:

           PADMINIYAMMA
           AGED 74 YEARS
           D/O. PONNAMMA, VAZHUVELIL PADINJARETHIL, 288-2,
           MEETHALAKKARA, MAJADI P O PATHANAMTHITTA DISTRICT.,
           PIN - 689105



           BY ADVS.
           SINDHU SANTHALINGAM
           A.D.SHAJAN
           JESSY S.SALIM




RESPONDENT/S:

     1     STATE OF KERALA
           REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF
           GOVERNMENT DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM., PIN - 695001

     2     DISTRICT COLLECTOR
           O/O OF THE COLLECTORATE OFFICE, PATHANAMTHITTA,
           PIN - 689645
                                                         2024:KER:72557
WP(C) NO. 33903 OF 2024

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     3     REVENUE DIVISIONAL OFFICER
           O/O THE REVENUE DIVISIONAL OFFICE, THIRUVALLA,
           PATHANAMTHITTA., PIN - 689541

     4     KAVIYOOR GRAMA PANCHAYAT
           KAVIYOOR, REP. BY ITS SECRETARY., PIN - 689541

     5     THE TAHSILDAR
           TALUK OFFICE, THIRUVALLA., PIN - 689541

     6     VILLAGE OFFICER
           KAVIYOOR VILLAGE OFFICE, KAVIYOOR, PIN - 689582

     7     THE AGRICULTURAL OFFICER
           KRISHI BHAVAN, KAVIYOOR, THIRUVALLA., PIN - 689582



OTHER PRESENT:

           GP SRI. B.S SYAMANTHAK, SC SRI. P. VINOD KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2024:KER:72557
WP(C) NO. 33903 OF 2024

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                             JUDGMENT

(Dated this the 30th day of September 2024)

The petitioner is an absolute owner in possession of 33

ares of land in Re-Sy No.544/2, Block No.14 in Thandapper

No.5463. He is remitting property tax under Thandapper No.5463

before the Village Officer, Kaviyoor. Ext.P3 is the possession

certificate dated 03.04.2023 issued in the name of the petitioner

and Ext.P4 is the Certificate of Encumbrance on property. The

petitioner filed an application in Form No.10 for identification of

the boundaries of the property on 31.01.2024 after remitting the

fee. Ext.P5 is the application as well as the pay slip.

2. The limited prayer of the petitioner is for a

direction to the 3rd respondent to consider Ext.P5 application in

Form No.10 in accordance with law.

2024:KER:72557 WP(C) NO. 33903 OF 2024

Having heard the counsel for the petitioner as well as

the learned Government Pleader, since Ext.P5 is pending before

the 5th respondent, I direct the 5th respondent to take up Ext.P5

and to do the needful in accordance with law, within a period

of four months from the date of receipt of a copy of this judgment.

Sd/-

BASANT BALAJI JUDGE

JS 2024:KER:72557 WP(C) NO. 33903 OF 2024

APPENDIX OF WP(C) 33903/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PARTITION DEED NO. 1698 DTD. 9/5/1961 OF SRO THIRUVALLA

Exhibit P2 A TRUE COPY OF THE RECEIPT DTD. 25/5/2022 ISSUED BY THE VILLAGE OFFICER, KAVIYOOR IN THE NAME OF THE PETITIONER AND HER MOTHER

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3/4/2023 ISSUED BY THE VILLAGE OFFICER, KAVIYOOR IN THE NAME OF THE PETITIONER

Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ON PROPERTY DATED 4/4/2023 FROM THE OFFICE OF THE SUB REGISTRAR, THIRUVALLA

Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM NO.10 TOGETHER WITH PAY IN SLIP DTD. 31/1/2024 OF THE SUB TREASURY THIRUVALLA