Narayani vs Land Tribunal (Devaswom)

Type Court Judgment Court Kerala Decided Feb 01, 2023

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Citation: sooperkanoon.com/1335549
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Feb 01, 2023
Case Number: WP(C)/3286/2023

Parties & Advocates

Appellant / Petitioner

Narayani

Respondent

Land Tribunal (Devaswom)

Excerpt

.....(civil) having come up for admission on 01.02.2023, the court on the same day delivered the following: w.p.(c) no.3286 of 2023 3judgmentdated this the 1st day of february, 2023 this writ petition is filed by the petitioners seeking the following reliefs:(i) to issue a writ of mandamus or any other appropriate writ, order ordirection to respondent nos.1 & 2 to consider and dispose the exhibit-p4 application pending before the devaswom land tribunal kasaragod on merits within time fixed by this hon'ble court, preferably not more than 3 months from the date of order.(ii) considering the exigencies and necessity for urgent consideration of the grievance voiced in this writ petition, production of english translations of documents in vernacular, may kindly be dispensed with for the time being;2. according to the petitioners, petitioners have submitted exhibit p4 applicationseeking correction of exhibit p1 certificate issued by the land tribunal (devaswom), kasaragod - the 1st respondent. the sole relief sought for is consideration of exhibit p4 on an early basis. therefore, after having heard learned counsel for petitioners sri.p.rakesh thamban, and learned senior government pleader sri.bimal k. nath, this writ petition is disposed of directing the deputy collector (land reforms), kasaragod - the 2 nd respondent, to dispose of exhibit p4, within 12 months from the date of receipt of a copy of this judgment. sd/- shaji p.chaly smv judge w.p.(c) no.3286 of 2023 4 appendix of wp(c) 3286/2023 petitioners' exhibits exhibit p1 the true copy of the certificate of purchase issued in the name of m.kumaran dated 29.10.1976 exhibit p2 the true copy of the letter dated 11.02.2020 to deputy collector land reforms exhibit p3 the true copy of the report dated 14.09.2020 by the authorized officer exhibit p4 the true office copy of the application filed before the devaswom land tribunal dated 12.01.2022

Full Judgment

W.P.(C) No.3286 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 WP(C) NO. 3286 OF 2023 PETITIONERS: 1 NARAYANI AGED 58 YEARS W/O M.KUMARAN, 2 RAJANI.M AGED 38 YEARS D/O M.KUMARAN, 3 ABHILASH.M AGED 36 YEARS S/O M.KUMARAN, BY ADV P.RAKESH THAMBAN RESPONDENTS: 1 LAND TRIBUNAL (DEVASWOM) KASARAGOD 671123 PIN - 682031 2 DEPUTY COLLECTOR (LAND REFORMS) KASARAGOD , PIN - 671123 W.P.(C) No.3286 of 2023 2 3 EDNEER MUTT REPRESENTED BY EDNEER MUTT TRUSTEE, EDNEER, EDNEER P.O, PIN - 671541 BY ADV.SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.3286 of 2023 3

JUDGMENT

Dated this the 1st day of February, 2023 This writ petition is filed by the petitioners seeking the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ, order or

direction to respondent Nos.1 & 2 to consider and dispose the Exhibit-P4 application pending before the Devaswom Land Tribunal Kasaragod on merits within time fixed by this Hon'ble Court, preferably not more than 3 months from the date of order.

(ii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being;

2. According to the petitioners, petitioners have submitted Exhibit P4 application

seeking correction of Exhibit P1 certificate issued by the Land Tribunal (Devaswom), Kasaragod - the 1st respondent. The sole relief sought for is consideration of Exhibit P4 on an early basis. Therefore, after having heard learned counsel for petitioners Sri.P.Rakesh Thamban, and learned Senior Government Pleader Sri.Bimal K. Nath, this writ petition is disposed of directing the Deputy Collector (Land Reforms), Kasaragod - the 2 nd respondent, to dispose of Exhibit P4, within 12 months from the date of receipt of a copy of this judgment. Sd/- SHAJI P.CHALY smv JUDGE W.P.(C) No.3286 of 2023 4 APPENDIX OF WP(C) 3286/2023 PETITIONERS' EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF PURCHASE ISSUED IN THE NAME OF M.KUMARAN DATED 29.10.1976 Exhibit P2 THE TRUE COPY OF THE LETTER DATED 11.02.2020 TO DEPUTY COLLECTOR LAND REFORMS Exhibit P3 THE TRUE COPY OF THE REPORT DATED 14.09.2020 BY THE AUTHORIZED OFFICER Exhibit P4 THE TRUE OFFICE COPY OF THE APPLICATION FILED BEFORE THE DEVASWOM LAND TRIBUNAL DATED 12.01.2022

Same Court & Year Kerala · 2023 Same Parties Narayani vs Land Tribunal (Devaswom) Same Judge Honourable Mr. Justice Shaji P.Chaly