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High Court of KeralaWP(C)/8106/2015disposed of

Ramaswamy Gounder v. State Of Kerala

2015-03-13Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 8106 of 2015 (K) --------------------------- PETITIONER(S):

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1. RAMASWAMY GOUNDER, S/O.MARAPPA GOUNDER, KOZHIPATHY VILLAGE, MOONGILMADA P.O, CHITTUR TALUK, PALAKKAD DISTRICT.

2. K.KANTHASWAMY, S/O.KALIYAPPAN GOUNDER, KOZHIPATHY VILLAGE, VANNAMADA.P.O., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

2. THE LAND BOARD, CHITTUR, REPRESENTED BY ITS CHAIRMAN- 678 101.

3. THE TAHSILDAR, CHITTUR- 678 101.

4. THE VILLAGE OFFICER, KOZHIPATHY VILLAGE, CHITTUR TALUK- 678 101.

R1 TO R4 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 8106 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF ORDER DATED 19.3.10 PASSED BY THE TALUK LAND BOARD CHITTUR IN CC.NO. 1088/1973.

EXHIBIT P2.

COPY OF THE JUDGMENT DATED 29.8.14 IN CRP NO.202/10 OF THIS HON'BLE COURT.

EXHIBIT P3.

COPY OF THE APPLICATION DATED 29.11.14 FILED BEFORE THE TAHSILDAR, CHITTUR BY THE IST PETITIONER.

EXHIBIT P4.

COPY OF THE APPLICATION DATED 29.11.14 FILED BEFORE THE TAHSILDAR, CHITTUR BY THE SECOND PETITIONER.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO.JUDGE sts

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.8106 of 2015 ----------------------------------------- Dated this the 13th day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

a.

Issue a writ of mandamus or any appropriate writ, order or direction directing respondents 3 and 4 to receive land tax in respect of the properties held by the first petitioner as per Registered Deed No.343/1978 of SRO, Chittur and the second petitioner as per document No.1051/1978 at the SRO, Chittur and issue Possession Certificate to them in respect of the properties held by them.

2. Heard the learned Government Pleader as well.

3. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the issue on merits.

4. After hearing both the sides, the writ petition is disposed of, directing the third respondent to consider and pass appropriate orders on Exts.P3 and P4 applications preferred by the petitioners, as expeditiously as possible, at the earliest, at

W.P.(C).No.8106 of 2015 any rate, within 'two weeks' from the date of receipt of a copy of this judgment.

Petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the third respondent, for further steps.

Sd/- P.R.RAMACHANDRA MENON, JUDGE.

rkc.