High Court of KeralaWP(C)/31190/2015disposed of

V.A.Thomas v. The Village Officer

2015-11-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 31190 of 2015 (W) ---------------------------- PETITIONER(S):

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

1. V.A.THOMAS, AGED 78 YEARS, S/O.V.N.ABRAHAM, THOTTUNKAL HOUSE, VADASSERIKKARA P.O., RANNI, PATHANAMTHITTA.

2. SUSAN THOMAS, D/O V.A THOMAS, THOTTUNKAL HOUSE, VADASSERIKKARA P.O., RANNI, PATHANAMTHITTA, NOW RESIDING AT KUNDARAYIL HOUSE, CHITTAR P.O, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.M.T.SURESHKUMAR SRI.S.SANAL KUMAR SMT.SMITHA PHILIPOSE SMT.BHAVANA VELAYUDHAN RESPONDENT(S):

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

1. THE VILLAGE OFFICER, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT- 689 645

2. THAHASILDAR, RANNI TALUK, PATHANAMTHITTA DISTRICT- 689 645

3. DISTRICT COLLECTOR, COLLECTORATE, PATHNAMTHITTA-689 645

4. STATE OF KERALA, REPRESENTED BY THE PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

5. CHANDRIKA DEVI, CHARIVUKALAYIL, VADASSERIKKARA P.O, VADASSERIKKARA P.O., VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT-689 645 R1 TO R4 BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN R5 BY ADV. SRI.S.SREEDEV THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 31190 of 2015 (W) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

A TRUE COPY OF THE PARTITION DEED NO.895/73 OF THE RANNI SRO DT. 17/4/1973 EXT.P2:

A TRUE COPY OF THE RECEIPTS OF THE ADJACENT PROPERTIES DT. 7/11/09 AND 4/11/09 EXT.P3:

A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE GRAMA PANCHAYATH DT. 5/5/11 EXT.P4:

A TRUE COPY OF THE IDENTITY CARD OF THE 1ST PETITIOENR 25/5/15 EXT.P5:

A TRUE COPY OF THE REPRESENTATION DT. 2/2/2000 SUBMITTED TO THE REVENUE MINISTER EXT.P6:

A TRUE COPY OF THE COVERING LETTER ISSUED BY THE MLA 2/2/2000 EXT.P7:

A TRUE COPY OF THE REPLY ISSUED BY THE OFFICE OF THE MINISTER OF REVENUE DT. 3/2/2000 EXT.P8:

A TRUE COPY OF THE INTIMATION DT. 17/2/2000 ISSUED BY THE SPECIAL SECRETARY EXT.P9:

A TRUE COPY OF THE APPLICATION DT. 16/6/12 BEFORE THE MINISTER OF REVENUE BY THE SON OF THE PETITIOENR EXT.P10:

A TRUE COPY OF THE APPLICATION DT. 18/12/14 SUBMITTED BY THE 2ND RESPONDENT UNDER RULE II(8) AND R. 16(1) OF THE LAND ASSIGNMENT RULES EXT.P11:

A TRUE COPY OF THE MAHAZER DT. NIL EXT.P12:

A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, PREPARED AFTER CONDUCTING ENQUIRY AND PREPARATION OF MAHAZER, GIVEN TO THE 2ND RESPONDENT 8/3/11 EXT.P13:

A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER EXT.P14:

A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 31190 of 2015 --------------------------------------------------------- Dated this the 16th day of November, 2015

JUDGMENT

The petitioners approached 2nd respondent-The Tahsildar for assignment of land. The 1st petitioner claims that the land referred in the application, is in possession for the last 100 years.

2. The petitioners approached this Court apprehending inclusion of this land in Zero Landless Project.

3. The party respondents would submit that this land has already been allotted as per Zero Landless Project to the 2nd petitioner and the Panchayat has agreed to construct a house for her.

4. The learned counsel for the petitioners submit that allotment has been made subsequent to their application and the allotment is illegal.

W.P.(C).No. 31190 of 2015 -25. This Court is of the view that appropriate decision shall be taken by the Tahsildar in this matter, after hearing the petitioners as well as 5th respondent. If it is required, the Tahsildar shall refer this matter to the District Collector. Appropriate decision shall be taken on this issue by the competent authority, within two months from the date of receipt of a copy of this judgment. Till a decision is taken, status quo shall be maintained. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr