Visaleswari v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 8704 of 2015 (K) --------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------------ VISALESWARI, AGED 48 YEARS D/O.ACHUTHAN (THE LATE), CHIRAYATHRA HOUSE KADAVANTHRA, KOCHI-682020.

BY ADVS.SRI.P.J.MATHEW SRI.AJITH GEORGE RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.

2. THE DISTRICT COLLECTOR, CIVIL STATION.P.O, KAKKANAD ERNAKULAM DISTRICT-682030.

3. THE TAHSILDAR, KANAYANNUR, TALUK OFFICE, KANAYANNUR ERNAKULAM DISTRICT-682011.

4. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, KOCHI-682020.

R BY GOVERNMENT PLEADER SRI.K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8704 of 2015 (K) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 03.6.2003 EXT.P2 COPY OF THE APPLICATION DATED 15.3.2006 SUBMITTED BY THE PETITIONER EXT.P3 COPY OF THE ORDER DATED 16.12.2009 ISSUED BY THE TAHSILDAR,KANAYANNUR EXT.P4 COPY OF THE RELATIONSHIP CERTIFICATE DATED 21.7.2010 ISSUED BY THE VILLAGE OFFICER,ELAMKULAM EXT.P5 COPY OF THE POSSESSION CERTIFICATE DATED 29.7.2010 ISSUED BY THE 4TH RESPONDENT EXT.P6 COPY OF THE LOCATION CERTIFICATE OF THE 2.70 ACRES OF LAND IN SY.NO.900/44,47.57.67 OF ELAMKULAM VILLAGE DATED 29.7.2010 ISSUED BY THE 4TH RESPONDENT EXT.P7 COPY OF THE LAND TAX RECEIPT DATED 12.7.2010 EXT.P8 COPY OF THE PROPERTY TAX RECEIPT DATED 22.04.2014 EXT.P9 COPY OF THE REPRESENTATION ALONG WITH THE REPORT OF THE VILLAGE OFFICER,ELAMKULAM.` RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM

P.R. RAMACHANDRA MENON,J ................................................. . .............................................. Dated this the 1st day of April, 2015.

J U D G M E N T

The petitioner has approached this Court with the following prayers:

i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to issue certified copy of the Patta of 2.70 Ares of land comprised in Sy.No.900/44, 47, 57, 67 of Elamkulam Village, for which Patta had been issued to Chirayathara Nallakan Acuthan as per File No.B-9480/80 of Kanayannur Tahsildar without any further delay;

ii) pass any other order this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Pleader as well.

3. After hearing both the sides and considering the nature of grievance projected by the petitioner, this Court does not find it necessary to deal with the merits of the case.

The writ petition is disposed of directing the third respondent to consider and pass appropriate orders on

Ext.P9 also in the light of the report of the village officer. The above proceedings shall be finalised in accordance with law after giving an opportunity of hearing to the petitioner, which shall be done at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the third respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE smm