Kerala High Court
Leena Annie Gracy vs The State Of Kerala on 9 October, 2019
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019/17TH ASWINA, 1941
W.P(C).No.23665 OF 2019(G)
PETITIONER:
LEENA ANNIE GRACY
AGED 57 YEARS
W/O. LATE MATHAI, ERUPPAKKOTTIL HOUSE,
KADAYIRUPPU P.O, VALAMBOOR KARA,
PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
NOW RESIDING AT KINATTINKAL HOUSE,
NJARACKAL KARA, NJARACKAL VILLAGE, KOCHI TALUK.
BY ADVS.SMT.P.DEEPTHI
SRI.SABU JOHN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANADU, ERNAKULAM 682 030.
2 THE TAHSILDAR,
TALUK OFFICE, KUNNATHUNADU TALUK,
PERUMBAVOOR P.O, ERNAKULAM DISTRICT 683 542.
3 THE TALUK SURVEYOR,
TALUK OFFICE, KUNNATHUNADU TALUK,
PERUMBAVOOR P.O, ERNAKULAM DISTRICT 683 542.
4 THE VILLAGE OFFICER,
PATTIMATTAM VILLAGE, PATTIMATTAM P.O,
KOLENCHERY, ERNAKULAM DISTRICT 683 562.
BY SRI.S.GOPINATHAN, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.23665/2019 : 2 :
JUDGMENT
The limited prayer of the petitioner in this writ petition is for a direction to the 2nd and 4th respondents, before whom Ext.P4 representation for measuring the property and preparing a survey sketch, and Ext.P5 application for correcting the thandapper account in relation to the property, are preferred, to consider and pass orders on the same, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
3. The learned Government Pleader would submit, on instructions, that Ext.P4 representation before the 2nd respondent can be acted upon within a period of three weeks, provided, the petitioner complies with the procedural requirements including filing an application in Form 8 before the said respondent. Similarly, Ext.P5 application before the 4th respondent can thereafter be considered within a further period of two weeks once the property is measured and the report made available by the 2 nd respondent. Taking note of W.P.(C).No.23665/2019 : 3 : the said submission of the learned Government Pleader, on instructions, I dispose the writ petition by directing the Tahsildar (Land Records), Kunnathunadu Taluk, Perumbavoor P.O., to whom the 2 nd respondent herein shall forward Ext.P2 representation, to consider and pass orders on the said representation, as directed, within three weeks from the date of receipt of the application in Form 8 from the petitioner. The 4th respondent Village Officer shall thereafter, on receipt of the measurement report/survey plan from the Tahsildar (Land Records), Kunnathunadu Taluk, proceed to correct the thandapper account in relation to the land in question, within a further period of two weeks from the date of receipt of the survey plan from the Tahsildar (Land Records), Kunnathunadu Taluk.
The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the Tahsildar (Land Records), Kunnathunadu Taluk, and also before the 4 th respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/9/10/19 W.P.(C).No.23665/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NO.527/2016 DATED 03.02.2016 OF PUTHENKURISSU SRO.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT OF VILLAGE OFFICER, PATTIMATTAM BEARING NUMBER KL07050402574 DATED 08.04.2019.
EXHIBIT P3 TRUE COPY OF THE THANDAPPER ACCOUNT NUMBER 2019/4901/07 DATED 24.01.2019.
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 28.01.2019.
EXHIBIT P5 TRUE COPY OF THE PETITION DATED 28.01.2019.
EXHIBIT P6 TRUE COPY OF THE NON-ENCUMBRANCE CERTIFICATE BEARING NO. 1879/2019 DATED 01.02.2019 OF PUTHENKURISSU SRO.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE