Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 29TH DAY OF MARCH 2022 / 8TH CHAITHRA, 1944 WP(C) NO. 4150 OF 2022 PETITIONER: SIVAN AGED 56 YEARS S/O LATE PAAPPU, KAATTUPARAMBIL HOUSE, KANNAMKUZHIBHAGOM, VETTILAPARA P O, ATHIRAPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT-680721. BY ADV SIRAJ KAROLY RESPONDENTS:
1 SPECIAL TAHSILDAR (FOREST LAND ASSIGNMENT OFFICE) L A UNIT NO.1, COLLECTORATE, AYYANTHOL, THRISSUR- 680002. 2 THE VILLAGE OFFICER ATHIRAPILLY VILLAGE, ATHIRAPILLY, CHALAKUDY TALUK- 680724. 3 THE TAHSILDAR (LAND RECORDS) CHALAKUDY TALUK, TALUK OFFICE, CHALAKUDY-680307. 4 THE REVENUE DIVISIONAL OFFICER IRINJALAKKUDA, REVENUE DIVISIONAL OFFICE, IRINJALAKKUDA-680121. 5 THE DISTRICT COLLECTOR THRISSUR-680002. 6 THE DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, CHALAKUDY, THRISSUR DISTRICT-680307.
7 PAILY S/O PAAPU, CHETUPARAMBIL HOUSE, KONNAKUZHI PO, THRISSUR DISTRICT-680721. 8 ANNAMMA CHALAKUDY,THRISSUR DISTRICT-680721. 9 MARY CHALAKUDY,THRISSUR DISTRICT-680721. 10 THRESIAMMA CHALAKUDY, THRISSUR DISTRICT-680721. 11 ELAMMA THRISSUR DISTRICT-680721. BY ADVS. ADVOCATE GENERAL OFFICE KERALA RAVIKRISHNA SHRI.T.P.SAJAN, SPL. G.P. (FOREST)() SRI.T.P.SAJAN.SPL.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 29th day of March, 2022. The singular plea of the petitioner in this writ petition is that the competent Authority be directed to issue him a “Patta”, as reflected in Ext.P3 order of assignment, which was passed as early as on 04.03.2014, within a time frame to be fixed by this Court.
2. The afore request of the petitioner, as made by
his learned counsel - Sri.Siraj Karoly, was answered by Sri.T.P.Sajan - learned Special Government Pleader appearing for Forests, saying that, on enquiry, the petitioner is found to be in possession of the property, though the records would reveal that all extents have already been assigned in favour of others. He admitted that, therefore, certainly there is some incongruity in the situation and hence the competent Authority may be permitted to physically verify the property, so that if the petitioner is found to be in its possession, then necessary action to issue him a “Patta” based on Ext.P3 can be completed. Taking note of the afore submissions and since the learned Special Government Pleader concedes that petitioner is included in the list of beneficiaries prepared after the Joint Verification, I, direct the Special Tahsildar to immediately take up Ext.P3 and commence proceedings to issue “Patta” to the petitioner based on the same, either relying upon the Joint Verification List, or by causing a further physical enquiry, if he so desires; but ensuring that the entire process is culminated within a period of two months from the date of receipt of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE Raj/31.03.2022. APPENDIX OF WP(C) 4150/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR ASSIGNMENT MADE BY THE PETITIONERS FATHER DATED 10.11.2004. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE FOR ARREARS OF BUILDING TAX ISSUED FROM THE OFFICE OF ATHIRAPPILLY PANCHAYAT OFFICE DATED 14.02.2018. Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT IN FAVOUR OF THE PETITIONER STATING THAT THE PETITIONER IS ELIGIBLE FOR PATTA DATED 4.3.2014.
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 5TH RESPONDENT TO GET INFORMATION SINCE THE ASSIGNMENT IS DELAYED DATED 23.07.2019. Exhibit P5 TRUE COPY OF THE REPLY ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 22.08.2019. Exhibit P6 TRUE COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 7.8.2019. Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 10.07.2018 MADE BY THE MOTHER OF THE PETITIONER BEFORE THE GOVT SECRETARY DATED THIS THE 7TH DAY OF FEBRUARY, 2022. RESPONDENT EXHIBITS Annexure R6(a) TRUE COPY OF THE DETAILS OF OCCUPATION IN FOREST LAND IN THRISSUR DISTRICT PRIOR TO 01/01/1977.