Padmanabhan E. a. vs State of Kerala, Represented by Secretary to Government

Type Court Judgment Court Kerala Decided Aug 02, 2023

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https://sooperkanoon.com/case/1366164

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Citation: sooperkanoon.com/1366164
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Aug 02, 2023
Case Number: WP(C)/18855/2023

Parties & Advocates

Appellant / Petitioner

Padmanabhan E. a.

Respondent

State of Kerala, Represented by Secretary to Government

Excerpt

.....the learned counsel appearing for the petitioners would submitthat the non-assignment of survey numbers is causing great prejudice to the petitioners and therefore, the district collector may be directed to consider exts.p3 and p4 within a time frame to be fixed by this court.3. the learned government pleader submits that there is noobjection in a direction being issued to the 2 nd respondent to consider exts.p3 and p4, in accordance with the law, within a time frame to be fixed by this court. accordingly, this writ petition will stand disposed of directing the 2 nd respondent to consider and pass orders on exts.p3 and p4 within a period of three months from the date of receipt of a certified copy of this judgment. sd/- gopinath p. judge acd w.p.(c)no.18855/2023 3 appendix of wp(c) 18855/2023 petitioner exhibitsexhibit p1 pattayam dated 18-5-2000 issued to the 1st exhibit p2 pattayam dated 25-5-2004 issued to the 2nd exhibit p3 application dated 19-9-2021 submitted bythe 1st petitioner to the 2nd respondent, exhibit p3 (a) receipt dated 19-9-2022 issued from the exhibit p4 application dated 19-9-2022 submitted by the 2nd petitioner to the 2nd respondent. exhibit p4 (a) receipt dated 19-9-2022 issued from the exhibit p5 tax receipt dated 23-12-2022 issued by the village officer, mupilayam to the 1st exhibit p5 (a) tax receipt dated 27-8-2021 issued by the village officer, mupilayam to the 2nd exhibit p6 representation dated 21-12-2022 filed by the 1st petitioner before the 3rd respondent. exhibit p7 reply of the 3rd respondent dated 23-12- 2022 to the 1st petitioner.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 18855 OF 2023 PETITIONERS: 1 PADMANABHAN E. A. AGED 77 YEARS S/O AYYAPPAKUTTY, EDATHADAN HOUSE, PALAPPILLY P. O., 2 AMBUJAM AGED 69 YEARS W/O MOHANLAL, PUZHAKADAVIL HOUSE, PALAPPILLY P. O., BY ADV P.V.CHANDRA MOHAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 DISTRICT COLLECTOR COLLECOTRATE, THRISSUR DISTRICT, THRISSUR, PIN - 680003 3 SPECIAL TAHSILDAR LAND ASSIGNMENT UNIT NO. 1, THRISSUR., PIN - 680003 OTHER PRESENT: SMT. PREETHA K K (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.18855/2023 2

JUDGMENT

The petitioners were issued with Exts.P1 and P2 pattas on 18.5.2000 and 25.5.2004 respectively. The petitioners have filed Exts.P3 and P4 before the District Collector, Thrissur for allotment of survey numbers in respect of the lands covered by Exts.P1 and P2 pattas.

2. The learned counsel appearing for the petitioners would submit

that the non-assignment of survey numbers is causing great prejudice to the petitioners and therefore, the District Collector may be directed to consider Exts.P3 and P4 within a time frame to be fixed by this Court.

3. The learned Government Pleader submits that there is no

objection in a direction being issued to the 2 nd respondent to consider Exts.P3 and P4, in accordance with the law, within a time frame to be fixed by this Court. Accordingly, this writ petition will stand disposed of directing the 2 nd respondent to consider and pass orders on Exts.P3 and P4 within a period of three months from the date of receipt of a certified copy of this judgment. Sd/- GOPINATH P. JUDGE acd W.P.(C)No.18855/2023 3 APPENDIX OF WP(C) 18855/2023 PETITIONER EXHIBITS

Exhibit P1               PATTAYAM DATED 18-5-2000 ISSUED TO THE 1ST
Exhibit P2               PATTAYAM DATED 25-5-2004 ISSUED TO THE 2ND
Exhibit P3               APPLICATION DATED 19-9-2021 SUBMITTED BY

THE 1ST PETITIONER TO THE 2ND RESPONDENT, Exhibit P3 (a) RECEIPT DATED 19-9-2022 ISSUED FROM THE Exhibit P4 APPLICATION DATED 19-9-2022 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. Exhibit P4 (a) RECEIPT DATED 19-9-2022 ISSUED FROM THE Exhibit P5 TAX RECEIPT DATED 23-12-2022 ISSUED BY THE VILLAGE OFFICER, MUPILAYAM TO THE 1ST Exhibit P5 (a) TAX RECEIPT DATED 27-8-2021 ISSUED BY THE VILLAGE OFFICER, MUPILAYAM TO THE 2ND Exhibit P6 REPRESENTATION DATED 21-12-2022 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P7 REPLY OF THE 3RD RESPONDENT DATED 23-12- 2022 TO THE 1ST PETITIONER.

Same Court & Year Kerala · 2023 Same Parties Padmanabhan E. a. vs State of Kerala, Represented by Secretar... Same Judge Honourable Mr. Justice Gopinath P.