Document Fragment View

Matching Fragments

the name of Smt.Cicily, the mother of the petitioners. That during 2001, 15 cents of land was got assigned in the name of Smt.Cicily for the land involved in kuthakappattom and the land was assigned, thandapper No.482 and land tax was remitted upto 2004. In order to deal with this averment in para 2 of the counter affidavit, it would be pertinent to note that the total extent of land mentioned in the Writ Petition as also in the recitals in Ext.P-1 registered will and Ext.P-8 registered will is 43 cents of land. The reference to the assignment of 15 cents of land in the name of Smt.Cicily and assignment of Thandapper No.482 has been allotted and permission to receive tax, etc. upto 2003-2004 could only be for the 15 cents of land covered by Ext.P-2 patta dated 16.11.1999, as reinforced by Ext.P-3 land tax receipt, wherein it clearly shows that Thandapper No.482 and land tax has been received upto 2003-04. This may not be in relation to the land covered by Ext.P-4, which is the order of assignment issued on 23.5.2001, for which patta was not issued. So the reference to the year 2001 in para 2 of the counter affidavit, presumably, appears to be a mistake, if the documents produced in the Writ Petition are reckoned. This is more so, in view of the clear admission in para 11 of the counter W.P.(C).33280/09 - : 7 :-
another 15 cents of land. Whether the total extent of land is 43 cents as averred by the petitioners or 40 cents as averred in the counter affidavit, is a matter, which could be decided only after proper examination and measurement of the land in question. References to 2001 assignment proceedings in the counter affidavit, more particularly para 2 thereof, could only be in relation to Ext.P-4 dated 23.5.2001. Prior to the issuance of Ext.P-4, it appears that assignment was granted to the petitioners' mother in respect of another 15 cents of land, which forms part of the 43 cents of land and this culminated in the issuance of Ext.P-2 dated 16.11.1999. The allotment of Thandapper account 482 and reception of land tax upto 2003-2004 could only be in relation to the said land covered by Ext.P-2 patta dated 16.11.1999 and not to Ext.P-4 assignment order dated 23.5.2001. From a perusal of Ext.P-4 order and on reference to the boundaries explicitly mentioned in Ext.P-4, as referred to earlier hereinabove, it can be seen that the land covered by Ext.P-2 patta dated 16.11.1999, prima facie appears to be distinct and separate from the 15 cents of land covered by Ext.P-4 assignment order dated 23.5.2001. It is the claim of the petitioners that these two pieces of land coming to 15 cents each, W.P.(C).33280/09 - : 11 :-