The High Court directed the Director of Kerala State Scheduled Caste Development Department to assign land to the petitioner based on a Tahsildar's report, after affording a reasonable opportunity of being heard.
To assign the land based on the Tahsildar's report within six weeks after providing an opportunity of being heard.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940
WP(C).No. 1105 of 2019
PETITIONER/S:
P.P.GOPI, AGED 58 YEARS S/O.PALLIYAN, PEEDIKAKUDIYIL HOUSE, CHELAKKULAM, VENGOLA P.O., ERNAKULAM DISTRICT.
BY ADVS. SRI.VINUCHAND SRI.C.K.AJAYAKUMAR
RESPONDENT/S:
BY ADVS. GOVERNMENT PLEADER SRI.THOMAS GEORGE, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT
OTHER PRESENT:
SRI.K.V.PRAKASH, GOVT.PLEADER FOR R1 TO R7, SRI.THOMAS GEORGE,SC FOR R8
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 1105 of 2019
ALEXANDER THOMAS, J .
W.P(C).No.1105 Of 2019 -----------------------
Dated this the 14th day of February, 2019.
J U D G M E N T
The prayers in the above Writ Petition are as
follows:
iii) Cost of the entire proceedings.”
2. Heard Sri.Vinu Chand, learned counsel for
the petitioner and Sri.K.V.Prakash, learned Special Government Pleader (SC/ST) appearing for official respondents 1 to 7 and Sri.Thomas George, learned Standing Counsel for Kizhakkambalam Grama Panchayat appearing for the 8th respondent.
3. Sri.Vinu Chand, learned counsel for the petitioner submits on the basis of instructions of his party that in view of Ext.P-14 report dated
29.11.2018 rendered by the 6th respondent-Tahsildar,
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WP(C).No. 1105 of 2019
this Court may direct the 3rd respondent- Director of Kerala State Scheduled Caste Development Officer, to take appropriate action on the matter in Ext.P-14 report after affording a reasonable opportunity of being heard to the petitioner.
4. Sri.Thomas George, learned Standing Counsel for 8th respondent-Kizhakkambalam Grama Panchayat would submit on the basis of instructions that the 8th respondent-Grama Panchayat would fully concur with the views in Ext.P-14 report and that they have no objection whatsoever in the 3rd respondent acting upon the matter in Ext.P-14 report in favour of the petitioner.
5. In the light of these aspects, it is ordered that the 3rd respondent-Director of Kerala State Scheduled Caste Development Officer, will immediately take up the matter in Ext.P-14 report dated 29.11.2018 submitted by the 6th respondentTahsildar and will afford a reasonable opportunity of being heard to the petitioner and any other affected persons and will take a considered
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WP(C).No. 1105 of 2019 decision thereon without much delay, preferably within a period of 6 weeks from the date of production of a certified copy of this judgment. It is also ordered that in view of the various facts and circumstances disclosed in this case, the 3rd respondent should seriously consider in acting upon the matter in Ext.P-14 in favour of the petitioner unless there are serious impediments in that regard, taking into account the fact that the plot was originally allotted to the petitioner.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/- ALEXANDER THOMAS, Judge.
Bkn/-
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE TALUK DEVELOPMENT OFFICER FOR SCHEDULED CASTE, KUNNATHUNAD.
EXHIBIT P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 24.04.2018 ISSUED FROM THE 8TH RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE PHOTOGRAPH OF THE MEMBERS RESIDING IN THE SHED WHEREIN THE PLOT ALLOTED TO THE PETITIONER AS PER EXHIBIT P1. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 01.10.2016 ISSUED BY THE 8TH RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 03.07.2017 ADDRESSED TO THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 23.08.2017. EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED 08.09.2017. EXHIBIT P8 THE TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 08.09.2017.
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE LETTER DATED 02.02.2018 ISSUED BY THE KERALA LEGISLATIVE MEMBER OF KUNNATHUNADU CONSTITUENCY.
EXHIBIT P11 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 07.07.2018.
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EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED 25.07.2018 ISSUED BY 3RD RESPONDENT. EXHIBIT P13 THE TRUE COPY OF THE ORDER DATED 03.10.2018 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT P14 THE TRUE COPY OF THE LETTER ISSUED BY THE 7TH RESPONDENT TO THE 6TH RESPONDENT DATED 29.11.2018. EXHIBIT P15 THE TRUE COPY OF THE SURGICAL PATHOLOGY CERTIFICATE ISSUED FROM THE DEPARTMENT OF PATHOLOGY AMRUTHA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE DATED 01.10.2018. EXHIBIT P16 THE TRUE COPY OF CERTIFICATE ISSUED BY DR.NEERAJ SIDDHARTH OF AMRUTHA INSTITUTE OF MEDICAL SCIENCE DATED 08.10.2018.
1 issue framed by the court
Whether the Director, Kerala State Scheduled Caste Development Department should assign the land to the petitioner based on the Tahsildar's report?
P.P. Gopi
State of Kerala
District Collector, Ernakulam
Director, Kerala State Scheduled Caste Development Department
District Scheduled Caste Development Officer, Ernakulam
Scheduled Caste Development Officer, Vazhakulam
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
