Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE21T DAY OF MAY2014/31ST VAISAKHA, 1936 WP(C).No. 27711 of 2013 (L) --------------------------------------- PETITIONER(S): ---------------------- JOLLY MATHEW, AGED42YEARS, S/O. MATHAI, EDAPPILLI MATTATHIL VEEDU, THIRUVANIYOOR KARA, THIRUVANIYOOR P.O., ERNAKULAM, PIN-682308. BY ADVS.SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA RESPONDENT(S): -------------------------- 1. THE TAHASILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR, PIN-683542.
2. THE VILLAGE OFFICER, THIRUVANIYOOR, PIN-682308. BY GOVERNMENT PLEADER SRI.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2105-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 27711 of 2013 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF DOCUMENT NO4372012 OF PUTHENCURZ SUB REGISTRY OFFICE DTD51/2012 P2:- TRUE COPY OF THE SALE DEED NO25941975 DTD2710/1975 OF ALIKKARANADU SUB REGISTRY OFFICE P3:- TRUE COPY OF REPRESENTATION DTD1810/2013 SUBMITTED BY PETITIONER BEFORE THE IST RESPONDENT P4:- TRUE COPY OF REPRESENTATION DTD1810/2013 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT P5:- TRUE COPY OF REPORT DTD2210/2013 SUBMITTED BY THE2D RESPONDENT P6:- TRUE COPY OF MAHAZAR AND SKETCH PREPARED BY THE2D RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.27711 of 2013 ---------------------------------------- Dated this the 21st day of May 2014
JUDGMENT
Petitioner has approached this Court inter alia seeking the following reliefs: "i) Issue writ of mandamus other writ order or direction compelling the respondents to issue pattayam for 3 ares of Government puramboke land in Re.Sy.No.233/18 of Thiruvaniyoor Village in favour of the petitioner; ii) Issue writ of mandamus or other writ, order or direction compelling the respondents to complete the proceedings on Exts.P3 and P4 on the basis of Ext.P5 report within a time limit fixed by this Hon'ble court after affording the petitioner an opportunity of being heard and not to dispossess the petitioner from the land having an extent of 3 ares in Re.Sy.No.233/18 Block No.41 of Thiruvaniyoor Village." 2. The facts involved in the case would show that the petitioner claims to be in possession of an extent of 13.97 W.P.C.No.27711/2014 2 Ares of land, of which, according to the revenue authorities, 10.97 Ares in Re-survey No.233/20 of Thiruvaniyoor Village belongs to the petitioner and the petitioner has title to the property. Whereas, property having an extent of 3 Ares in re-survey No.233/18 of Thiruvaniyoor Village is Government puramboke land. Petitioner submits that he had filed Exts.P3 and P4 applications for assignment of the aforesaid 3 Ares of land on the ground that it is required for his beneficial enjoyment, but the same is not considered by the revenue authorities.
3. The learned Government Pleader, on instructions, submits that the aforesaid extent of 3 Ares of land in Re- survey No.233/18 has been demarcated as Government puramboke land and is kept for assignment to landless people. Since the petitioner has other holdings having about 25 cents , he is not entitled for seeking any assignment of land in terms of the request made at Exts.P3 and P4.
4. Having gone through the averments in the petition, I am also of the view that disposal of Ext.P3 would W.P.C.No.27711/2014 3 be of any help as the petitioner is unable to point out any circumstances under which he is entitled to seek assignment especially in view of the fact that he is having about 10.97 Ares of property in his possession.
5. Learned counsel for the petitioner, however, points out that his residential building is situated in the aforesaid 3 Ares of land and the main access to the aforesaid area is earmarked for assignment by the Government. If the petitioner feels that for the beneficial enjoyment of his property this area is also required, he can as well opt for surrendering an equal extent of land in another area to the Government. A perusal of the rough sketch at Ext.P6 would show that on two sides of the property it has road frontage of Vettikkal-Kattungal-Thiruvaniyoor road and the 3 Ares of property in re-survey No.233/18 is in a corner. If the petitioner feels that his residential building will be taken over by the Government, it shall be open for him to surrender equal extent of land having road frontage/access in another area to the Government. For that purpose, it W.P.C.No.27711/2014 4 shall be open for the petitioner to submit necessary application before the revenue authorities. Under these circumstances, I am not inclined to issue any direction, as sought for, by the petitioner, but the petitioner is permitted to submit necessary representation to the respondents to exercise an option to surrender equal extent of land that is 3 Ares in another portion of his property with road frontage/access so that necessary swapping can be done in the matter. The petitioner shall file a representation within a period of 15 days which shall be considered by the revenue authority concerned within a period of 30 days from the date of receiving such request along with a copy of this judgment. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr