Dismissed

Abdul Rahman, v. State of Kerala

Kerala HC18 Sept 2020WP(C)/17956/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the District Collector to expeditiously decide a patta allotment application submitted by petitioners regarding 7.28 acres of land, invoking Rule 11(2)(5) of the Kerala Land Assignment Rules, completing the process within 8 weeks.

What did the court decide?

Direction to the 2nd respondent to take a decision on the patta application within 8 weeks from the date of receiving a copy of this judgment.

Abdul Rahman, Vs State of Kerala — Land Acquisition | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942

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WP(C).No.17956 OF 2020(T)

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PETITIONER/S:

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1 ABDUL RAHMAN, AGED 72 YEARS, S/O. MOIDHEEN BAVA, PUTHIYA PARAMBIL HOUSE, MUTTAPPALLY P.O. ERUMELI SOUTH, KOTTAYAM 686 510.

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2 BALKEES, AGED 69 YEARS, W/O. ABDUL RAHMAN, PUTHIYA PARAMBIL HOUSE, MUTTAPPALLY P.O. ERUMELI SOUTH, KOTTAYAM 686 510.

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BY ADVS. SRI.JUSTINE JACOB SRI.K.S.ARUN KUMAR RAJEE P MATHEWS SMT.AMRUTHA P S SMT.AMRUTHA K P

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE, KOTTAYAM 686 002.

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3 THAHASILDAR KANJIRAPPILLY, MINI CIVIL STATION, KANJIRAPPILLY, KOTTAYAM 686 555.

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4 VILLAGE OFFICER, ERUMELI THEKK, ERUMELI SOUTH, KOTTAYAM DISTRICT 686 509.

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17956 OF 2020(T) 2

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JUDGMENT

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~~~~~~~~

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The petitioners contend that they are in possession of property having an extent of 7.28 Ares of land comprised in Sy. No. 219 of Erumeli Thekk Village in Kottayam District. Being in possession of the property for more than half a century, they submitted an application for allotment of patta. Pursuant to the same, Ext.P2 communication was issued to the petitioners by the 3^rd respondent informing them that their application has been recommended by the Taluk Land Assingnment Committee and that appropriate action shall be taken. Being aggrieved by the delay, the petitioners submitted a representation before the 2^nd respondent as acknowledged by Ext.P3 receipt dated 12.9.2018. Their prayer in this petition is to direct the competent among respondents to complete the procedure and issue patta to the petitioners.

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The learned Government Pleader on instruction submitted that

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the property, which is the subject matter of Ext.P2 lies adjacent to the PWD road and hence, the Revenue Authorities had sought for a report under Rule 11(2)(5) of the Kerala Land Assignment Rules, 1964. It is submitted that as soon as the report is received, the proceedings shall be concluded and appropriate decisions shall be taken.

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WP(C).No.17956 OF 2020(T) 3

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Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of with a direction to the 2^nd respondent to take up the representation dated 12.9.2018 as acknowledged by Ext.P3 and take a decision with notice to the petitioners, expeditiously, at any rate, within a period of 8 weeks from the date of receipt of a copy of this judgment.

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The petitioners shall produce a copy of the writ petition along with the judgment before the 2^nd respondent to ensure compliance.

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SD/-

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RAJA VIJAYARAGHAVAN V JUDGE

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DSV/18.09.2020

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WP(C).No.17956 OF 2020(T) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE ERUMELI THEKK VILLAGE OFFICE DATED 18.03.2016.

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EXHIBIT P2 TRUE COPY OF LETTER OF THE THAHASILDAR, KANJIRAPPILLY DATED 10/7/2018.

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EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 12/09/2018 FOR THE REPRESENTATION SUBMITTED BY THE PETITIONER.

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RESPONDENT'S/S EXHIBITS:

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//TRUE COPY// P.A.TO JUDGE

Abdul Rahman, v. State of Kerala

Case brief

What is this about?

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Abdul Rahman, v. State of Kerala

Case brief

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