The High Court of Kerala directed respondents to finalize assignment proceedings for 1.50 acres of Puramboke land within three months, taking into account market value and improvements made by the petitioner.
Direction to respondents to finalize assignment proceedings within three months considering market value and improvements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 27TH DAY OF JULY 2016/5TH SRAVANA, 1938
WP(C).No. 11886 of 2009 (E)
PETITIONER(S):
PRAKASH BABU
S/O.LATE RAJAN BANU, PRAKASH BHAVANAM, CHIRAKKADAVOM, KAYAMKULAM REPRESENTED BY POWER OF ATTORNEY HOLDER N.SASIDHARAN, VELITHARAYIL VEEDU, CHIRAKKADAVOM, KAYAMKULAM.
BY ADV. SRI.K.R.SUNIL
RESPONDENT(S):
1. STATE OF KERALA
2. TAHSILDAR, KARTHIKAPPALLY TALUK, HARIPAD.
3. THE VILLAGE OFFICER, VILLAGE OFFICE, KAYAMKULAM.
4. THE SECRETARY, KAYAMKULAM MUNICIPALITY,
R1 TO R3 BY GOVERNMENT PLEADER SRI.RAMPRASAD UNNI R4 BY SRI.R.RAYA SHENOY,SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 11886 of 2009 (E)
APPENDIX
PETITIONER'S EXHIBITS :
| P1: | COPY OF THE | POWER OF ATTORNEY DT 11/12/2008. |
|---|---|---|
| P2: | COPY OF THE | WILL DATED 30/03/1999. |
| P3: | COPY OF THE THE KAYAMKUL |
CORRESPONDENCE BY THE R.D.OCHENGANNUR TO AM REVENUE INSPECTOR DT 12/6/1992. |
| P4: | COPY OF THE PREPARED BY DT 6/10/2003 |
REPORT AND MAHAZAR OF THE ABOVE PROPERTY THE KAYAMKULAM VILLAGE OFFICER . |
| P5: | COPY OF THE | CORRESPONDENCE DT 4/5/1993. |
| P6: | COPY OF THE | SKETCH PREPARED FOR FIXING VALUATION. |
| P7: | COPY OF THE | RESOLUTION DT 24/1/2005. |
| P8: | COPY OF THE | REPORT DT 15/10/2005. |
| P9: | COPY OF THE AND 6/1/2006 |
REPORT OF THE TAHSILDAR DT 5/11/2005 . |
| P10: | COPY OF THE | NOTICE DT 22/8/2007. |
| P11: | COPY OF THE VAUE DT 03/0 |
REQUEST OF THE TAHSILDAR REFIXING THE 4/2008. |
| P12: | COPY OF THE | REPORT DT 30/5/2008. |
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.V.ASHA, J.
W.P.(C) No.11886 of 2009
Dated this the 27th day of July, 2016
JUDGMENT
The petitioner filed this writ petition praying for a direction to the respondents to issue patta to 1.50 Ares of property in Sy.No.167/140 of Kayamkulam village by accepting the market value as fixed in Ext.P4 and Ext.P7 as also for finalisation of the assignment proceedings.
W.P.(C) No.11886 of 2009
:2:
was valued in the year 2005 and by Ext.P12 in the year 2008.
In the above circumstances, there will be a direction to respondents 1 to 3 to see that the proceedings for assignment of the property to petitioner, covered by Exts.P4, P8 and P12 are finalised within a period of three months. The request of the petitioner to consider the value of improvements made by him in the property shall
W.P.(C) No.11886 of 2009
:3:
also be taken into consideration in the process of such finalization, in
accordance with law.
Final orders shall therefore be passed within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA JUDGE
rkc
3 issues framed by the court
Whether the writ petitioner is entitled to a direction for finalization of assignment proceedings regarding 1.50 Acres of property.
Whether the value of improvements made by the petitioner should be considered during the finalization of property assignment.
Whether to direct the respondents to fix a timeline for completing the assignment and valuation proceedings.
PRAKASH BABU
STATE OF KERALA
DISTRICT COLLECTOR, ALAPPUZHA
TAHSILDAR, KARTHIKAPPALLY TALUK, HARIPAD
THE VILLAGE OFFICER, VILLAGE OFFICE, KAYAMKULAM
THE SECRETARY, KAYAMKULAM MUNICIPALITY
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
