Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 WP(C).No. 30697 of 2012 (J) --------------------------- PETITIONER(S): ------------- THOMAS P.J., AGED 5 YEARS SON OF JOSEPH RESIDING AT PALATHINKAL HOUSENEAR ANANDASRAMAM CHANGANASSERY. BY ADVS.SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): -------------- 1. THE TAHSILDAR, TALUK OFFICE CHANGANASSERY 68 001.
2. THE VILLAGE OFFICER, VAZHAPPILLY EAST VILLAGE-686 101.
3. THE SECRETARY CHANGANASSERY MUNICIPALITY 68 001. BY GOVERNMENT PLEADER SHRI MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.30697/12 PETITIONER'S EXHIBITS EXT.P1: THE TRUE COPY OF the APPLICATION DATED 5 10/1984. EXT.P2: THE TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER DATED 8 10/1984. EXT.P3: THE TRUE COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER ON 9/1/1995. EXT.P4: THE TRUE COPY OF THE LETTER NO.E2-220/05 DATED 7 6/2006 OF THE CHANGANSSERY MUNICIPALITY. EXT.P5: THE TRUE COPY OF the SKETCH DATED 6 10/1991 PREPARED BY THE VILLAGE OFFICER VAZHAPPALLY EAST VILLAGE. EXT.P6: THE TRUE COPY OF THE VALUATION REPORT SUBMITTED BY THE REVENUE INSPECTOR, CHANGANASSERY TO THE TAHSILDAR CHANGANASSERY DATED 12 01/1996. EXT.P7: THE LIST OF ASSIGNABLE LAND PREPARED AS CONTEMPLATED UNDER RULE 6 OF THE ASSIGNMENT OF LAND WITHIN MUNICIPAL AND CORPORATION AREA RULES 199 IN RESPECT OF the LAND COVERED UNDER 234 1 AND PUBLISHED. EXT.P8: THE TRUE COPY OF the REPRESENTATION DATED 8 11/2010 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR CHANGANASSERY. EXT.P9: THE TRUE COPY OF THE LETTER NO.202/10 DATED 16 11/2010BY THE VILLAGE OFFICER VAZHAPPILLY EAST VILLAGE. EXT.P10: THE TRUE COPY OF THE LETTER NO.12074/10 DATED 5 11/2011 OF THE TAHSILDAR CHANGANASSERY. EXT.P11: THE TRUE COPY OF THE REPRESENTATION DATED 27 07/2012 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR CHANGANASSERY. EXT.P12: THE TRUE COPY OF THE REPLY DATED 06 09/2012 OF THE TAHSILDAR CHANGANASSERY. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J.
-------------------------------------------------- W.P.(C)No.30697 Of 2012 -------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2012 JUDGMENT The petitioner, for the beneficial enjoyment of the registered holding sought for assignment of 8.5 cents in Sy.No.6/4, which lies adjacent to the property of the petitioner. Exhibit P2 is the copy of the report of the Village Officer and Exhibit P3 is the copy of the Mahazar. Exhibit P4 will show that the Municipality has given their no objection in the matter. Exhibit P5 is the copy of the sketch and Exhibit P6 is the valuation report.
2. It appears that the application was initially rejected by the Tahsildar as per Exhibit P10 communication and again the petitioner wanted a reconsideration of the matter by Exhibit P11, which is again replied by Exhibit P12.
3. The learned Government Pleader pointed out that the petitioner has got a remedy of appeal under Rule 18 of the Kerala Assignment of Land within Municipal and Corporation Areas Rules, 1995. W.P.(C)No.30697/12 -2- 4. The petitioner will file an appeal before the appellate authority within a period of one month from today, which will be duly considered by the appellate authority and appropriate orders will be passed expeditiously, after hearing the petitioner. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR) JUDGE. dsn