High Court of KeralaWP(C)/17826/2015disposed of

Chinamma v. The District Collector, Idukki

2015-12-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 17826 of 2015 (C) ---------------------------- PETITIONER :

--------------------- CHINNAMMA W/O.MATHEW JOSEPH, AREEPARAMBIL HOUSE, RAMALLOOR KOTHAMANGALAM.

BY ADV. SRI.T.RAJESH RESPONDENT(S) :

----------------------------

1. THE DISTRICT COLLECTOR, IDUKKI CIVIL STATION, PAINAVU, IDUKKI - 685 581.

2. THE SUB DIVISIONAL MAGISTRATE DEVIKULAM, DEVIKULAM, IDUKKI - 685 583.

3. SPECIAL TAHSILDAR LAND ASSIGNMENT, MURIKKASSERY - 685 578.

4. JIMMY JOSEPH S/O.JOSEPH, AREEPARAMBIL, UPPUTHODE UPPUTHODE - 685 570.

R1 TO R3 BY SPL. GOVT. PLEADER SMT. SUSEELA R. BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 17826 of 2015 (C) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

COPY OF THE ASSIGNMENT DEED IN FAVOUR OF 4TH RESPONDENT. EXHIBIT P2.

COPY OF THE CONSENT EXECUTED BY THE 3RD RESPONDENT. EXHIBIT P3.

COPY OF THE PATTA ISSUED TO THE 4TH RESPONDENT DATED 23.1.2000.

EXHIBIT P4.

COPY OF THE APPLICATION DATED 8.4.02.

EXHIBIT P5.

COPY OF THE COMPLAINT DATED 15.7.2010 SUBMITTED BY THE PETITIONER AND HER LATE HUSBAND BEFORE THE IST RESPONDENT.

EXHIBIT P6.

COPY OF THE ORDER NO.B12608/2010 DATED 21.7.11 DIRECTING THE 4TH RESPONDENT TO RETURN 80 CENTS OF LAND TO THE PETITIONER.

EXHIBIT P7.

COPY OF THE DIRECTION ISSUED BY THE 2ND RESPONDENT ON 21.7.11 TO KEEP IN ABEYANCE THE PATTA ISSUED TO 4TH RESPONDENT.

EXHIBIT P8.

COPY OF THE ORDER IN APPEAL NO.36153/2011/A10 DATED 5.6.12 OF THE IST RESPONDENT.

EXHIBIT P9.

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.17826 of 2015 ****************************************************************************** Dated this the 10th day of December, 2015

JUDGMENT

The petitioner is the mother of the fourth respondent. The fourth respondent obtained a purchase certificate in respect of the property having an extent of 2 acre and 10 cents of land comprised in Survey No.1/1 of Upputhode Village in Idukki District. This was cancelled at the instance of the petitioner. The petitioner seeks issuance of patta in her name. Ext.P9 is the representation submitted by the petitioner before the District Collector. This Court is of the view that the District Collector shall consider the petitioner's representation after hearing the petitioner and the fourth respondent within a period of six weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln