T.M.Ummer vs the State of Kerala

T.M.Ummer vs The State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1387308
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jun 01, 2023
Case Number: WP(C)/17873/2015

Parties & Advocates

Appellant / Petitioner

T.M.Ummer

Respondent

The State of Kerala

Excerpt

.....this writ petition and direct the 2nd respondent, or wp(c) no. 17873 of 2015 3 such other competent authority, to take up ext.p9 representation of the petitioners and afford them an opportunity of being heard; thus culminating into an appropriate order and necessary action, as expeditiously as is possible, but not later than eight months from the date of receipt of a copy of this judgment, if not already disposed of. if, on the contrary, ext.p9 has already been taken up and disposed of by the competent authority, then the resultant orders thereon shall be communicated to the petitioners within a period of two months from the date of receipt of a copy of this judgment. needless to say, until such time as either of the afore exercises are completed, status quo with respect to the properties in question obtaining as on this date shall be maintained by both sides. sd/- devan ramachandran judge mc/1.6 wp(c) no. 17873 of 2015 4 appendix of wp(c) 17873/2015 petitioner exhibits exhibit p1 true copy of the patta no.736 dt. 20/8/1984 issued in l.a.51/84. exhibit p2 true copy of the patta issued in l.a.454/78 dated 24.10.78. exhibit p2(a) p2(a)- true copy of the tax receipt dated 4.7.2012. exhibit p3 true copy of the cancellation order in respect of the property of the 4th petitioner in the w.p[c]no.10229/07.exhibit p4 true copy of the govt. orderno.49086/l1/89/rd dated 21.7.89. exhibit p5 p5- true copy of the proceedings of the district collector dated 16.8.2006. exhibit p5(a) true copy of the proceedings of the tahsildar peermade dated 17.8.2006. exhibit p6 p6- true copy of the proceedings of the tahsildar peermade dated 21.01.2013. exhibit p7 true copy of the judgment dated 2.7.2002 in w.p[c]no.17942/02. exhibit p8 true copy of the judgment dated 3.4.2012 in w.p[c]no.8452/12. exhibit p8(a) true copy of the compliance order dated 16.1.2013 passed by the district collector, idukki. exhibit p9 true copy of the representation before the 2nd respondent dated 26.3.2015.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 17873 OF 2015 PETITIONERS: 1 T.M.UMMER AGED 58 YEARS S/O.MUHAMMED, THEKKINKATTIL HOUSE, VALLAKKADAVU, NEAR H.P.C., VANDIPERIYAR-685 533, IDUKKI DISTRICT. 2 CHINNA THAMBI @ ABHILASH AGED 61 YEARS S/O.BALAYYAN, RAMESH BHAVAN, VALLAKKADAVU, VANDIPERIYAR.P.O., PIN-685 533, IDUKKI DISTRICT. BY ADV SRI.S.K.MURALEEDHARA KAIMAL RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 DISTRICT COLLECTOR IDUKKI, PAINAVU.P.O., PIN-685 603. 3 TAHSILDAR PEERMADE TALUK, PEERMADU.P.O. 4 SPECIAL TAHSILDAR LAND ASSIGNMENT, PEERMADU, TALUK OFFICE,PEERMADU.P.O. 5 DISTRICT FOREST OFFICER GRASS LAND DIVISION, KUMILY.P.O. BY ADVS. SRI.RIYAL DEVASSY-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17873 OF 2015 2

JUDGMENT

The petitioners seek that the “Pattas” issued in their favour earlier and cancelled subsequently, be restored. They have cited the reasons which have compelled them to make this request through this writ petition, which they say they have also included in Ext.P9 representation; and thus alternatively plead that the same be directed to be taken up and disposed of by the 2 nd respondent, within a time frame to be fixed by this Court.

2. Pertinently, in the Counter Affidavit filed on behalf of the 3 rd

respondent, it is averred that, if the petitioners’ claims are found to be genuine, then their “Pattas” will certainly be restored. However, there is no information available to this Court, even from the learned Government Pleader - Sri.Riyal Devassy today, as to whether any such action had been taken.

3. Obviously, therefore, this is a matter that will have to engage

the attention of the competent Authority, which will also have to consider Ext.P9 representation in its proper perspective. In the afore circumstances and taking note of the averments in the Counter Affidavit dated 07.07.2015 filed on behalf of the 3rd respondent, I allow this writ petition and direct the 2nd respondent, or WP(C) NO. 17873 OF 2015 3 such other competent Authority, to take up Ext.P9 representation of the petitioners and afford them an opportunity of being heard; thus culminating into an appropriate order and necessary action, as expeditiously as is possible, but not later than eight months from the date of receipt of a copy of this judgment, if not already disposed of. If, on the contrary, Ext.P9 has already been taken up and disposed of by the competent Authority, then the resultant orders thereon shall be communicated to the petitioners within a period of two months from the date of receipt of a copy of this judgment. Needless to say, until such time as either of the afore exercises are completed, status quo with respect to the properties in question obtaining as on this date shall be maintained by both sides. Sd/- DEVAN RAMACHANDRAN JUDGE MC/1.6 WP(C) NO. 17873 OF 2015 4 APPENDIX OF WP(C) 17873/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PATTA NO.736 DT. 20/8/1984 ISSUED IN L.A.51/84. EXHIBIT P2 TRUE COPY OF THE PATTA ISSUED IN L.A.454/78 DATED 24.10.78. EXHIBIT P2(A) P2(A)- TRUE COPY OF THE TAX RECEIPT DATED 4.7.2012. EXHIBIT P3 TRUE COPY OF THE CANCELLATION ORDER IN RESPECT OF THE PROPERTY OF THE 4TH PETITIONER IN THE W.P[C]NO.10229/07.

EXHIBIT P4 TRUE COPY OF THE GOVT. ORDER

NO.49086/L1/89/RD DATED 21.7.89. EXHIBIT P5 P5- TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DATED 16.8.2006. EXHIBIT P5(A) TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR PEERMADE DATED 17.8.2006. EXHIBIT P6 P6- TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR PEERMADE DATED 21.01.2013. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 2.7.2002 IN W.P[C]NO.17942/02. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 3.4.2012 IN W.P[C]NO.8452/12. EXHIBIT P8(A) TRUE COPY OF THE COMPLIANCE ORDER DATED 16.1.2013 PASSED BY THE DISTRICT COLLECTOR, IDUKKI. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 26.3.2015.

Same Court & Year Kerala · 2023 Same Parties T.M.Ummer vs The State of Kerala Same Judge Honourable Mr. Justice Devan Ramachandran