High Court of KeralaWP(C)/12095/2015disposed of

Sankaran Nair v. The District Collector

2015-11-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937 WP(C).No. 12095 of 2015 (J) ---------------------------- PETITIONER(S):

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1. SANKARAN NAIR, MANNARETHU THARAYIL, CHENNITHALA VILLAGE, MAVELIKKARA TALUK, CHERUKOL PO, PIN-690 104.

2. DHANANJAYAN.S, MANNARETHU THARAYIL, CHENNITHALA VILLAGE, MAVELIKKARA TALUK, CHERUKOL PO, PIN-690 104.

BY ADVS.SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.P.SANTHOSH KUMAR (TR) RESPONDENT(S):

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1. DISTRICT COLLECTOR, O/O.THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN-688 001.

2. TAHSILDAR, MAVELIKKARA, TALUK OFFICE MAVELIKKARA, PIN-690 101.

3. VILLAGE OFFICER, CHENNITHALA VILLAGE, OFFICE OF THE VILLAGE OFFICER, CHERUKOL PO, PIN-688 001.

*ADDL. R4 IMPLEADED

4. THE LAND REVENUE COMMISSIONER, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

ADDL. R4 IS IMPLEADED AS PER ORDER DATED 30.11.2015 IN IA.17197/2015.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12095 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY DATED 3.3.2014.

EXT.P2TRUE COPY OF THE RELEVANT PAGES OF RATION CARD IN THE NAME OF THE FIRST PETITIONER.

EXT.P3TRUE COPY OF THE RESOLUTION DATED 20.9.1991 PASSED BY CHENNITHALA GRAMA PANCHAYAT ALONG WITH COVERING LETTER DATED 1.10.91.

EXT.P4TRUE COPY OF THE REPORT DATED 3.9.1992 OF THASILDAR. EXT.P5TRUE COPY OF THE LETTER VIDE REFERENCE NO.AB3.873/92 DATED 31.7.92.

EXT.P6TRUE COPY OF THE LETTER VIDE REFERENCE NO.2712/92 DATED 5.11.92.

EXT.P7TRUE COPY OF THE SAID CERTIFICATE OF POSSESSSION DATED 16.2.2000 ISSUED BY THE SECOND RESPONDENT. EXT.P8TRUE COPY OF THE SAID APPLICATION FOR ASSIGNMENT DATED 26.3.2012.

EXT.P9TURE COPY OF THE LETTER DATED 1.9.2014 OF THE FIRST RESPONDENT.

EXT.P10TRUE COPY OF THE LETTER VIDES REFERENCE NO.B1 22075/14/L DIS DATED 15.12.2014.

EXT.P11TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE ADDITIONAL 4TH RESPONDENT DATED 30.10.2015.

RESPONDENT(S)' EXHIBITS:

--------------------------------------- EXT.R2(A) :

A TRUE COPY OF THE CIRCULAR NO.20541/09/C3/PWD DATED 30.9.2009.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.12095 of 2015 ****************************************************************************** Dated this the 30th day of November, 2015

JUDGMENT

The petitioner approached the Land Revenue Commissioner by Ext.P11. The reason for approaching the Land Revenue Commissioner is that the petitioner's request for assignment of the land situated in Survey No.78/17-3 of Chennithala Village has been turned down by Ext.P10 stating that road puramboke cannot be assigned. It is based on the circular issued by the Government, the request has been turned down.

In view of the above, there shall be a direction to the Land Revenue Commissioner to take a decision on Ext.P11 after adverting to the recommendation as referred in Exts.P3 to P7 within a period of three months after issuing notice to the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln