The High Court of Kerala directed the Village Officer (Second Respondent) to submit a report on properties to the Land Tribunal (Third Respondent) within two months, citing a Government Order mandating this action by the officer.
Directed the Village Officer to report the matters to the Land Tribunal within two months of the judgment.
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.MUHAMED MUSTAQUE
TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940
WP(C).No. 9661 of 2018
PETITIONER(S)
1 JANNET PERERA, W/O.LATE JOSEPH M.PERARA, THOPPIL ST.ANTONY'S BUNGALOW, VARAPUZHA LANDING P.O., PIN- 683 517, VARAPPUZHA VILLAGE.
2 JERRY PERERA,
SON OF LAZER FERERA, THOPPIL ST.ANTONY'S BUNGALOW, VARAPUZHA LANDING P.O., PIN- 683 517, VARAPPUZHA VILLAGE.
BY ADVS.SRI.T.P.SAJAN,
SRI.M.MOHAMED NAVAZ, SRI.B.PRASANTH.
RESPONDENT(S):
1. THE ADDITIONAL TAHSILDAR, O/O THE ADDITIONAL TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM, PIN- 682 035.
2. THE VILLAGE OFFICER, O/O THE VILLAGE OFFICER, CHERANELLOOR VILLAGE, CHRANELLOR P.O., PIN- 682 034.
3. THE LAND TRIBUNAL, TRIPUNITHURA, TRIPUNITHURA P.O., PIN - 682 301.
BY SR. GOVT. PLEADER SRI.S. GOPINATHAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs. 05/03/2018.
WP(C).No. 9661 of 2018 (G)
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT-P1: |
TRUE COPY OF THE SALE DEED NO.2378/1124 M.E OF ERNAKULAM SUB REGISTRY IN FAVOUR OF GOPALAPILLAI. |
|---|---|
| EXHIBIT-P2: |
TRUE COPY OF THE SALE DEED NO.2134/1951 OF ERNAKULAM SUB REGISTRY IN FAVOUR OF BISLEY PERERA. |
| EXHIBIT-P3: |
TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE LAND TRIBUNAL THRIPOONITHURA DATED 08.11.2017. |
| EXHIBIT-P4: |
TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO SECOND RESPONDENT DATED 08.11.2017. |
| EXHIBIT-P5: |
TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 09.11.2017. |
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs. 05/03/2018.
A.MUHAMED MUSTAQUE, J.
********************************************************************** W.P.(C) No.9661 of 2018
********************************************************************** Dated this the 3rd day of April, 2018
JUDGMENT
The petitioner is an applicant before the Land Tribunal-
third respondent. The Land Tribunal-third respondent directed the Village Officer-second respondent to report about certain
aspects relating to the property vide Ext.P4. The petitioner approached this Court on account of the delay involved in the matter. As noted from Ext.P4, the communication was issued on 8.11.2017.
In view of the Government Order notifying the Village Officer as a competent authority to submit such report, there shall be a direction to the second respondent to report such matters as referred in Ext.P4 to the Land Tribunal-third respondent within two months from the date of receipt of a copy
of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether to direct the Village Officer to report the matter to the Land Tribunal within two months due to alleged delay.
1 provisions across 1 enactments
JANNET PERERA
JERRY PERERA
THE ADDITIONAL TAHSILDAR, O/O THE ADDITIONAL TAHSILDAR, KANAYANNUR TALUK
THE VILLAGE OFFICER, O/O THE VILLAGE OFFICER, CHERANELLOOR VILLAGE
THE LAND TRIBUNAL, TRIPUNITHURA
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
