The Court disposed of the writ petition by directing the 2nd respondent to consider and pass orders on the petitioners' land assignment applications within two months after hearing them.
Directed the 2nd respondent to consider and pass orders on Exts.P9 and P10 applications within two months after hearing the petitioners.
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 MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 15TH DAY OF DECEMBER 2017/24TH AGRAHAYANA, 1939
WP(C).No. 22379 of 2017 (V)
PETITIONER(S):
1. MANIKANTAN, AGED 52, S/O.LATE KUNJANKRISHNAN KUTTY, RESIDING AT KOTTOOR THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
2. SUNITHA, AGED 47, D/O.LATE KUNJANKRISHNAN KUTTY, RESIDING AT KOTTOOR THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
3. ANITHA, AGED 40, D/O.LATE KUNJANKRISHNAN KUTTY, RESIDING AT KOTTOOR THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
4. BINU KUMAR, AGED 35, S/O.LATE KUNJANKRISHNAN KUTTY, RESIDING AT KOTTOOR THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
5. BINDHU, AGED 36, D/O.RAJU, RESIDING AT KOTTOORPANYIL VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
6. BALU, AGED 34, S/O.RAJU, RESIDING AT KOTTOORPANYIL VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
7. SUBHA,AGED 39, D/O.RADHAKRISHNAN, RESIDING AT THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
8. SHIBU,AGED 37, RESIDING AT THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
9. RENJU, W/O.LATE SHIJU, RESIDING AT THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM.
10.SHAJI, RESIDING AT THEKKEVILA VEEDU, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADVS.SMT.MAJIDA.S SRI.AJIKHAN.M
WP(C).No. 22379 of 2017 (V)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. ADDITIONAL THAHASILDAR TALUK OFFICE, FORT P.O., THIRUVANANTHAPURAM-695002.
3. DISTRICT COLLECTOR, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695043.
BY GOVERNMENT PLEADER SRI PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 22379 of 2017 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE APPLICATION TO GET ASSIGNMENT OF LAND FILED BY K.KRISHNAN KUTTY DATED 4-3-1999. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE APPLICATION TO GET ASSIGNMENT OF LAND FILED BY KALI KUNCHAN KUNCHAN KRISHNAN KUTTY DATED 8-11-2001. |
| EXHIBIT P3 |
TRUE COPY OF THE APPLICATION FILED BY KRISHNAN KUTTY BEFORE THE 3RD RESPONDENT DATED 30-6-99. |
| EXHIBIT P4 |
TRUE COPY OF THE APPLICATION FILED BY KRISHNAN KUTTY BEFORE THE 3RD RESPONDENT DATED 13-8-2001. |
| EXHIBIT P5 |
TRUE COPY OF THE APPLICATION FILED BY NARAYANI MADHAVI DATED 30-4-99. |
| EXHIBIT P6 | TRUE COPY OF THE TAX RECEIPT DATED 5-8-1993. |
| EXHIBIT P7 | TRUE COPY OF THE TAX RECEIPT DATED 28-1-94. |
| EXHIBIT P8 | TRUE COPY OF THE TAX RECEIPT DATED 3-8-1998. |
| EXHIBIT P9 |
TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 29-5-2017. |
| EXHIBIT P10 |
TRUE COPY OF THE APPLICATION FILED BY MOTHER OF PETITIONERS 6 TO 8 BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P11 |
TRUE COPY OF THE APPLICATION FILED BY 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 30-1-2017. |
| EXHIBIT P12 |
TRUE COPY OF THE NOTICE DATED 16-5-2017 ISSUED BY 2ND RESPONDENT. |
| RESPONDENT(S)' -------------- |
EXHIBITS NIL --------- |
K.V. P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J. ................................................................... W.P.(C).No.22379 Of 2017 (U)
..................................................................... Dated this the 15th day of December, 2017
J U D G M E N T
The limited prayer of the petitioners is for a direction to the 2nd respondent, before whom they have filed Exts.P9 and P10 applications for assignment of land, to consider the same and pass orders thereon, after hearing the petitioners.
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P9 and P10 applications in accordance with law, within a period of two months from the date of receipt of a copy of the judgment, after hearing the petitioner. The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the 2nd respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/15.12.17
1 issue framed by the court
Whether the 2nd respondent was directed to consider and pass orders on the pending land assignment applications.
Manikantan and others
State of Kerala
Additional Tahasildar
District Collector
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
