Kerala High Court
Mariakutty Thommen vs State Of Kerala on 14 November, 1978
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 13TH DAY OF APRIL 2018 / 23RD CHAITHRA, 1940
WP(C).No. 13722 of 2018
PETITIONER(S):
------------
1 MARIAKUTTY THOMMEN
W/O.THOMMEN, AGED 87 YEARS, VATTOLYIL HOUSE,
PASUPPARA KARA, VAGAMON VILLAGE, IDUKKI DISTRICT.
2 OUSEPH THOMMEN
S/O.THOMMEN, AGED 63 YEARS, VATTOLYIL HOUSE,
PASUPPARA KARA, VAGAMON VILLAGE, IDUKKI DISTRICT.
3 JAMES JOSEPH
S/O.THOMMEN, AGED 59 YEARS, VATTOLYIL HOUSE,
PASUPPARA KARA, VAGAMON VILLAGE, IDUKKI DISTRICT.
4 MATHAI JOSEPH
S/O.JOSEPH, AGED 93 YEARS, AZHANCHIRA HOUSE,
PASUPPARA KARA, VAGAMON VILLAGE, IDUKKI DISTRICT.
BY ADV.SRI.A.C.DEVASIA
RESPONDENT(S):
---------------
1. STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN 695001.
2. DISTRICT COLLECTOR
COLLECTORATE, IDUKKI, KUYILIMALA, PAINAVU,
IDUKKI DISTRICT, PIN - 685508.
3. TAHSILDAR
TALUK OFFICE, PEERMADU, IDUKKI DISTRICT,
PIN - 685508.
BY GOVERNMENT PLEADER SMT.VINITHA B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13722 of 2018 (M)
APPENDIX
PETITIONER(S)' EXHIBITS:
-----------------------
EXHIBIT-P1: TRUE COPY OF THE PATTA ISSUED DATED 14.11.1978.
EXHIBIT-P2: TRUE COPY OF THE TAX RECEIPT ISSUED BY THE
VILLAGE OFFICER VAGAMON DATED 7.4.2018.
EXHIBIT-P3: TRUE COPY OF THE PATTA ISSUED DATED 29.11.1978
ISSUED BY SPECIAL TAHSILDAR L.A.
EXHIBIT-P4: TRUE COPY OF THE TAX RECEIPT DATED 7.4.2018
ISSUED BY THE VILLAGE OFFICER VAGAMON.
EXHIBIT-P5: TRUE COPY OF THE PATTA WAS ISSUED IN FAVOUR OF
THE 4TH PETITIONER.
EXHIBIT-P6: TRUE COPY OF THE TAX RECEIPT ISSUED BY THE
VAGAMON VILLAGE OFFICER DATED 17.10.2017.
EXHIBIT-P7: TRUE COPY OF THE GOVERNMENT ORDER DATED
30.10.2017.
EXHIBIT-P8: TRUE COPY OF THE REPRESENTATIONS BEFORE THE
3RD RESPONDENT BY THE PETITIONERS.
EXHIBIT-P9: TRUE COPY OF THE REPRESENTATION BY THE 4TH
PETITIONER FILED BEFORE THE 2ND RESPONDENT
DATED 3.11.2012.
RESPONDENTS EXHIBITS:
--------------------
//TRUE COPY//
P.A. TO JUDGE
dlk/16/4/
SHAJI P. CHALY, J.
-----------------------------------
W.P.(C) No. 13722 of 2018
------------------------------------
Dated this the 13th day of April, 2018
JUDGMENT
According to the petitioners, they have secured Ext.P1, P3 and P5 Pattas in accordance with the provisions of the Kerala Land Reforms Act. The grievance highlighted by the petitioner in this writ petition is that, a mistake has arisen in the aforesaid Pattas in respect of the number of the survey. Seeking correction, petitioners have submitted Exts.P8 and P9 representations before the third respondent, which are pending consideration. The relief sought for by the petitioners is based on Ext.P7 passed by the State Government dated 30.10.2017, by which the District Collectors are given the power to consider such applications and pass appropriate orders, however, by virtue of a circular issued by the respective District Collectors, the third respondent is vested W.P.(C) No. 13722 of 2018 2 with power to initially scrutinize the application and for finalisation forward the same to the District Collector.
3. That being the situation, there will be a direction to the third respondent to consider Exts.P8 and P9 representations, after hearing the petitioners and take a decision within a month from the date of receipt of a copy of this judgment. Thereafter, the proceedings shall be handed over to the second respondent for finalisation, immediately thereafter. On receipt of the proceedings from the third respondent, the second respondent shall attain finality to the proceedings within two months thereafter.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/12/4/