Kerala High Court
Achuthan vs The District Collector on 27 April, 1982
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938
WP(C).No. 34818 of 2016 (b)
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PETITIONER:
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ACHUTHAN, AGED 68 YEARS,
S/O.CHAMI ASARI,
PAYYAMKODE, KAIRADI,
CHITTUR, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
PALAKKAD-678001.
2. THE REVENUE DIVISIONAL OFFICER,
PALAKKAD-678001.
3. THE TAHSILDAR,
TALUK OFFICE, CHITTUR,
PALAKKAD DISTRICT-678101.
4. THE VILLAGE OFFICER,
KAIRADI VILLAGE, CHITTUR,
PALAKKAD DISTRICT-678101.
BY SENIOR GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 34818 of 2016 (b)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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P1 : TRUE COPY OF THE DOCUMENT NO.873/82 OF SRO, NEMMARA
DATED 27/4/1982.
P2 : TRUE COPY OF THE FORM F OF THE PETITIONER'S PROPERTY
DATED 25/5/2016 ISSUED FROM THE OFFICE OF THE 4TH
RESPONDENT.
P3 : TRUE COPY OF THE BASIC TAX RECEIPT OF THE PETITIONER'S
PROPERTY ISSUED FORM THE OFFICE OF THE 4TH RESPONDENT
P4 : TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD,
CHITTUR IN SM NO.375/78 DATED 16/11/2012.
P5 : TRUE COPY OF THE COMMUNICATION DATED 26/5/2016 ISSUED
BY THE 4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
SHAJI P. CHALY, J.
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W.P.(C). No. 34818 OF 2016
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Dated this the 17th day of November, 2016
JUDGMENT
Petitioner is the owner in possession and enjoyment of property situated in Re-survey No. 76/25, Block No. 52 of Kairadi Village in Chittur Taluk, Palakkad District. According to the petitioner, the property was purchased, as per Document No. 873/82 of SRO Nemmara in the year 1982 and the petitioner was paying basic tax for the said property, ever since 1982. It appears that the Taluk Land Board, Chittur had initiated proceedings in respect of the property purchased by the petitioner, and registered SM No. 375/78. However, as per Ext.P4, a finality is attained to the suo motu proceedings and according to the petitioner, the property purchased by the petitioner is excluded from the purview of the provisions of the Land Reforms Act and therefore the petitioner is entitled to get the possession certificate based on the possession covered by Ext. P1 sale W.P.(C). No. 34818 OF 2016 2 deed and the possession held by the predecessor in interest of the property. It is in this background seeking appropriate direction, this writ petition is filed.
2. Heard learned counsel for the petitioner, learned Senior Government Pleader and the documents on record and the pleadings put forth.
3. Taking note of Ext.P4 order passed by the Taluk Land Board, Chittur, it is evident that the property held by the petitioner and other 21 persons are entitled to get patta. Therefore, it is only appropriate that a direction is issued to the fourth respondent to consider the application submitted by the petitioner, evident from Ext.P5 communication issued by the Village Officer dated 26.05.2016, in which it is stated that the subject matter is pending consideration before the Taluk Land Board, Chittur and therefore the petitioner is not entitled to get a possession certificate. However fact remains, as per Ext.P4 order, property of the petitioner is apparently seen excluded and therefore, it is for the fourth respondent to take a decision, taking note of W.P.(C). No. 34818 OF 2016 3 Ext. P4 and pass appropriate orders in the application submitted by the petitioner.
4. Therefore, there will be a direction to the fourth respondent to take a decision on the application submitted by the petitioner, in accordance with law and on specific reference to Ext.P4 order of the Taluk Land Board, Chittur in the SM proceedings referred to above, within a period of two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE DCS