K.J.Joseph @ Jose v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 11703 of 2015 (K) --------------------------------------- PETITIONER(S):
----------------------- K.J.JOSEPH @ JOSE, S/O.JOSEPH (ABRAHAM JOSEPH), NJARAKKAL VEETTIL, URULIKKUNNAM KARA, MADUKKAKUNNU P.O., KOTTAYAM. BY ADV. SRI.V.S.AFSAL KHAN RESPONDENT(S):
------------------------- 1.
THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2.
THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM DISTRICT-686001.
3.
THE REVENUE DIVISIONAL OFFICER, KOTTAYAM-686001. 4.
THE TAHSILDAR, KANJIRAPALLY THALUK OFFICE, KANJIRAPALLY P.O., KOTTAYAM DISTRICT-686507.
5.
THE VILLAGE OFFICER, ELIKULAM VILLAGE, POOVARANI P.O., KOTTAYAM DISTRICT-686577.
BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 11703 of 2015 (K) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:
COPY OF THE LICENSE NO.A-4-56/2014/15 DATED 7/6/14 FOR TRADE P2:
COPY OF THE BUILDING TAX RECEIPT NO.40083 ATED 7/6/14 P3:
COPY OF THE ELECTRICITY BILL DATED 8/8/14 IN CONSUMER NO.526 P4:
COPY TELEPHONE BILL NO.72389447 DATED 7/1/2007 P5:
COPY OF THE RUBBER DEALERSHIP LICENSE NUMBER D101260 DATED 31/8/2006 P6:
COPY OF THE APPLICATION NO.NIL DATED 12/9/90 FILED BY THE PETITIONER'S FATHER P7:
COPY OF THE PETITION DATED 11/10/95 P7A:
COPY OF THE PETITON DATED 8/7/2002 P7B:
COPY OF THE PETITION DATED 1/3/2009 P8:
COPY OF THE REPRESENTATION DATED 15/1/15 FILED BY PETITIONER BEFORE THE R3 RESPONDENTS' EXHIBIT ------------------------------------ NIL.
/ TRUE COPY/ P.S. TO JUDGE PJ
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 11703 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers :
"(i) To call for the records relating to Exhibit P1 to P8 and to issue a writ in the nature of mandamus or any other rd respondent to writ, direction or order directing the 3 consider and pass orders on Exts. P6 and P8 after affording an opportunity to the petition on being heard. (ii) To declare that the petitioner is entitled to get Patta of 10 cents of land in survey number 656/1 in Block No. 51 of land in Elikkulam village in Kanjirapally taluk, in Kottayam district in Elikulam Grama Panchayath being in uninterrupted and continues possession and enjoyment of the same more than six decades.
(iii) To issue a writ in the nature of mandamus or any rd appropriate writ order or direction directing the 3 respondent to assign the land in favour of the petitioner forthwith.
(iv) To issue any other appropriate writ, direction or order to meet out justice in the facts and circumstances of this case.
2. The learned counsel for the petitioner submits that the grievance projected by the petitioner has already been taken up by
W.P.(C) No. 11703 of 2015 : 2 :
way of Ext.P8, which is pending consideration before the third respondent and that the petitioner will be satisfied, if a direction is given to the said respondent to have it considered within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the third respondent to consider and pass appropriate orders on Ext. P8, in accordance with law, after affording an opportunity of hearing to the petitioner and other interested parties, if any, within six weeks from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment along with copy of this writ petition before the third respondent for further steps.
Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd