Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 2583 of 2014 (W) --------------------------- PETITIONER : -------------------------- KRISHNAMMA C.P., W/O.LATE BALACHANDRAN NAIR,AGED49YEARS, CHAVARANIKKAL HOUSE,PARATHODE P.O., KOTTAYAM DISTRICT, PIN - 686 512. BY ADV. SRI.P.V.KURIACHAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN:
695. 001.
2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT.
3. THE SPECIAL THAHASILDAR, (LAND ASSIGNMENT), TALUK OFFICE, PEERUMEDU TALUK, IDUKKI DISTRICT.
4. THE VILLAGE OFFICER, PEERUMEDU VILLAGE, IDUKKI DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 2583 of 2014 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE TREATMENT RECORD OF THE PETITIONER EXT.P-2: COPY OF THE RESIDENTIAL CERTIFICATE ISSUED FROM PEERUMEDU PANCHAYATH. EXT.P-3: COPY OF THE DEATH CERTIFICATE OF HUSBAND OF THE PETITIONER ISSUED FROM KOTTAYAM MUNICIPALITY EXT.P-4: COPY OF THE APPLICATION FOR PATTAYAM SUBMITTED BY RATHEESH CHANDRAN, ELDER SON. EXT.P-5: COPY OF THE DEATH CERTIFICATE OF RATHEESH CHANDRAN, ELDER SON OF THE PETITIONER. EXT.P-6: COPY OF THE APPLICATION FOR PATTAYAM SUBMITTED BY HAREESH B.NAIR, SON OF THE PETITIONER. EXT.P-7: COPY OF THE REPORT OF PEERUMEDU V.O EXT.P-8: COPY OF THE REPRESENTATION BEFORE THE HON'BLE C.M. OF KERALA IN HIS SUTHARYA KERALAM PROGRAM. EXT.P-9: COPY OF THE APPLICATION TO THE3D RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts A.M. Shaffique, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W.P(C) No. 2583 of 2014 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 23rd day of May, 2014.
JUDGMENT
The petitioner has approached this Court inter alia seeking the following reliefs: "i. Issue a writ of mandamus or any appropriate writs or order directing the respondents to assign 89 cents of land comprised in Sy. No. 1131 in Block No. 35 of Peerumedu Village. ii) Issue a writ of mandamus or any appropriate writs or order directing the respondents to issue pattayam for 89 cents of land comprised in Sy. No. 1131 in Block No. 35 of Peerum3du Village. iii) Issue a writ of mandamus or any appropriate writs or order directing the 3rd respondent to consider and pass final order directing in Ext. P9 representation with notice and opportunity of hearing to the petitioner within such time as this Hon'ble Court may deem fit and proper in the interest of administration of justice." According to the petitioner, she applied for grant of pattayam, but her application has not been considered so far.
2. Counter affidavit is filed by the 3rd respondent inter alia stating as follows: "Under these circumstances, it is to be ascertained whether the 89 cents of land for which patta is sought by the applicant is falling within the encroached area or not. W.P(C) No. 2583 of 2014 -:
2. :- Hence, this land is to be surveyed and demarcated by the Taluk Surveyor. If the 89 cents of land is found to be included in the encroached land of the Police Department, the encroachment is to be evicted and if the land is found to be revenue puramboke, patta issuing proceedings can be started. In this regard it may also be stated that after 2008 no patta has been issued in Peermade Taluk due to various land related issues like bogus patta, wrong survey numbers, massive encroachment etc. Enquiry in this regard is going on and the final order in this regard is awaited. Due to this reason more than 5000 applications for patta are pending in this office.
5. In the present writ petition, the petitioner's grievance can be redressed as follows: (a) Soon on re-starting the patta issuing process and on completion of the survey and demarcation work in this survey number and (b) On completion of the enquiry going on regarding land matter in this taluk." 3. Having regard to the aforesaid statement filed by the respondent, I do not think that any further orders are required to be passed in the writ petition . Accordingly, taking on record the statement filed by the 3rd respondent, this writ petition is closed. Sd/- A.M. Shaffique, Judge. Tds/ [True copy] P.S. to Judge.