Sajeev vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2023

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Citation: sooperkanoon.com/1395003
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: May 31, 2023
Case Number: WP(C)/24615/2016

Parties & Advocates

Appellant / Petitioner

Sajeev

Respondent

State of Kerala

Excerpt

.....which he had obtained as early as in the year 2001.2. sri.a.c.devasia - learned counsel for the petitioner, submitted that, even though hisclient has preferred ext.p3 representation seeking the afore plea before the 3rd respondent, no action has yet been taken, in spite of the fact that this matter has been pending before this court for the last more than seven years.3. i, therefore, asked the learnedgovernment pleader - sri.riyal devassy, whether any further steps have been taken by the competent respondents, to which he was unable to reply, saying that he has not obtained -3- sufficient instructions.4. be that as it may, since the petitioner relies on ext.p1 order of assignment ofregistry, if there are no other legal impediments standing in the way and if the said document is genuine, then certainly, respondent no.3 is obligated to take necessary action; for which, he must consider ext.p3, if it has not already been done. in the afore circumstances, i allow this writ petition and direct the 3rd respondent, or such other competent authority, to immediately take up ext.p3 representation of the petitioner and dispose it of, adverting to ext.p1 and after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment. -4- i make it clear that the afore time has been fixed for the competent authority to ensure that the ‘patta’ is issued to the petitioner, if he is otherwise found eligible for the same, based on ext.p1.sd/- devan ramachandran judge akv -5- appendix of wp(c) 24615/2016 petitioner exhibits exhibit p1 true copy of the l.a initiated by the special tahsildar, idukki dated 6.4.2001 exhibit p2 true copy of the chelan receipt dated 9.12.2004 exhibit p3 true copy of the representation filed by the petitioner before th 3rd respondent dated 1.7.2016

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONER: SAJEEV, AGED 47 YEARS, VETTUKALLUMAKKAL HOUSE, KALVARY MOUNT P.O, THANKAMANI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV SRI.A.C.DEVASIA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE, GOVERNMENT SECRETARIAT, PIN.695001, THIRUVANANTHAPURAM. 2 DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, PAINAVU, PIN:685508, IDUKKI DISTRICT. 3 THE SPECIAL TAHSILDAR, IDUKKI, CHERUTHONI, IDUKKI VILLAGE, PIN:685508, IDUKKI DISTRICT. BY ADV.SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The petitioner singularly pleads that respondents 1 to 3, or the competent among them, be directed to issue ‘Patta’ to him, on the strength of Ext.P1 Order of Assignment of Registry, which he had obtained as early as in the year 2001.

2. Sri.A.C.Devasia - learned counsel for the petitioner, submitted that, even though his

client has preferred Ext.P3 representation seeking the afore plea before the 3rd respondent, no action has yet been taken, in spite of the fact that this matter has been pending before this Court for the last more than seven years.

3. I, therefore, asked the learned

Government Pleader - Sri.Riyal Devassy, whether any further steps have been taken by the competent respondents, to which he was unable to reply, saying that he has not obtained -3- sufficient instructions.

4. Be that as it may, since the petitioner relies on Ext.P1 Order of Assignment of

Registry, if there are no other legal impediments standing in the way and if the said document is genuine, then certainly, respondent No.3 is obligated to take necessary action; for which, he must consider Ext.P3, if it has not already been done. In the afore circumstances, I allow this writ petition and direct the 3rd respondent, or such other competent Authority, to immediately take up Ext.P3 representation of the petitioner and dispose it of, adverting to Ext.P1 and after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment. -4- I make it clear that the afore time has been fixed for the competent Authority to ensure that the ‘Patta’ is issued to the petitioner, if he is otherwise found eligible for the same, based on Ext.P1.

Sd/- DEVAN RAMACHANDRAN JUDGE akv -5- APPENDIX OF WP(C) 24615/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE L.A INITIATED BY THE SPECIAL TAHSILDAR, IDUKKI DATED 6.4.2001 EXHIBIT P2 TRUE COPY OF THE CHELAN RECEIPT DATED 9.12.2004 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE TH 3RD RESPONDENT DATED 1.7.2016

Same Court & Year Kerala · 2023 Same Parties Sajeev vs State of Kerala Same Judge Honourable Mr. Justice Devan Ramachandran