Allowed

Akhil O. v. the District Collector

Kerala HC22 Oct 2020WP(C)/20528/2020

Case brief

AI extract

What is this about?

The High Court of Kerala held that the Village Officer's refusal to issue a location sketch/certificate to the petitioners (private individuals seeking an agricultural loan amounts to abdication of duty. The petition was allowed, directing the 2nd respondent to issue the requested documents within ten days. No specific legislation was construed other than referencing the RTI Act reply regarding a

What did the court decide?

Directed the 2nd respondent to issue the location sketch/location certificate sought for by the petitioners as per the applications within a period of ten days from the date of receipt of a copy of th

Akhil O. Vs the District Collector — Public Procurement and Tenders | 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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THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

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WP(C).No.20528 OF 2020(M)

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PETITIONER(S) :

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1 AKHIL O., ODAMANNIL HOUSE, MUKKAM P.O., THAMARASSERY, KOZHIKODE DISTRICT-673639.

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2 KOMALAVALLI O., ODAMANNIL HOUSE, MUKKAM P.O., THAMARASSERY, KOZHIKODE DISTRICT-673639.

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3 AANI O., ODAMANNIL HOUSE, MUKKAM P.O., THAMARASSERY, KOZHIKODE DISTRICT-673639.

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BY ADVS. SRI.IMAM GRIGORIOS KARAT SRI.N.KRISHNA PRASAD

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RESPONDENT(S) :

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1 THE DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KOZHIKODE-673020.

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2 VILLAGE OFFICER, KOODARANJI VILLAGE, KOODARANJI, KOZHIKODE DISTRICT-673603.

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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 22.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20528 OF 2020

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JUDGMENT

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The petitioners state that they are in absolute title and ownership of property having an extent of 1.11 hectares of property comprised in Block No.1 of Koodaranji Village. With intent to avail an agricultural loan from the HDFC bank, the petitioners approached the 2nd respondent and filed an application for obtaining the location sketch as well as location certificate. It is contended that the Village Officer has refused to consider Ext.P2 series and P3 series requests for the issuance of the above documents on the ground that there are no orders which require issuance of certificates for production before private institutions. They have approached this Court, seeking a direction to the 2nd respondent to issue location sketch/certificate pursuant to the application.

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I have heard Sri. Imam Grigorios Karat, the learned counsel appearing for the petitioners and Sri. Bimal K. Nath, the learned Government Pleader.

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Ext.P5 is the reply given to the petitioners under the Right to Information Act wherein it is stated by the State Public Information Officer that there are no Government Orders enabling the 2nd respondent to issue location sketch/ location certificate to private institutions. The learned Government Pleader fairly submitted that the reasons given by the 2nd respondent to the petitioners for refusing their request cannot be sustained. No Government Order

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WP(C).No.20528 OF 2020

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interdicting the issuance of location sketch and location certificate has been brought to my notice. The refusal on the part of the 2nd respondent clearly amounts to abdication of the duty cast upon him. In that view of the matter, the relief sought for is only to be granted.

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This writ petition will stand allowed and the 2nd respondent is directed to issue the location sketch/location certificate sought for by the petitioners as per Ext.P2, P2(a) to P2(c) and Ext.P3, P3(a) to P3(c) expeditiously, at any rate, within a period of ten days from the date of receipt of a copy of this judgment.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.20528 OF 2020

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RECEIPT EVIDENCING
	PAYMENT OF BASIC LAND TAX DATED 12.06.2020.
EXHIBIT P2	TRUE COPY OF THE APPLICATIONS DATED 14.07.2020 IN RESPECT OF SEEKING ISSUANCE OF LOCATION CERTIFICATE IN CONNECTION WITH AN EXTENT OF 10 ARES AND 4.07 Sq METERS WAS PURCHASED VIDE DOCUMENT NO.353/1/2018.
EXHIBIT P 2 (a)	TRUE COPY OF THE APPLICATIONS DATED 14.07.2020 IN RESPECT OF SEEKING ISSUANCE OF LOCATION CERTIFICATE IN CONNECTION WITH AN EXTENT OF 40 ARES AND 47 Sq METERS WAS PURCHASED VIDE DOCUMENT NO.966/1/1999.
EXHIBIT P2 (b)	TRUE COPY OF THE APPLICATIONS DATED 14.07.2020 IN RESPECT OF SEEKING ISSUANCE OF LOCATION CERTIFICATE IN CONNECTION WITH AN EXTENT OF 30 ARES AND 35 Sq METERS WAS PURCHASED VIDE DOCUMENT NO.1770/1/1999.
EXHIBIT P2(c)	TRUE COPY OF THE APPLICATIONS DATED 14.07.2020 IN RESPECT OF SEEKING ISSUANCE OF LOCATION CERTIFICATE IN CONNECTION WITH AN EXTENT OF 30 ARES AND 35 Sq METERS WAS PURCHASED VIDE DOCUMENT NO.1229/1/1995.
EXHIBIT P3	TRUE COPY OF THE APPLICATION DATED 14.07.2020 IN RESPECT OF SEEKING ISSUANCE OF LOCATION SKETCH IN CONNECTION CERTIFICATE IN CONNECTION WITH AN EXTENT OF 10 ARES AND 4.07 Sq METERS WAS PURCHASED VIDE DOCUMENT NO. 353/1/2018.
EXHIBIT P3 (a)	TRUE COPY OF THE APPLICATIONS DATED

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WP(C).No.20528 OF 2020

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	ISSUANCE OF	LOCATION SKETCH IN
	CONNECTION WITH	AN EXTENT OF 40 ARES
	AND 47 Sq METE DOCUMENT NO.966/	RS WAS PURCHASED VIDE 1/1999.
EXHIBIT P3 (b)	TRUE COPY OF	THE APPLICATION DATED
	14.07.2020 IN	RESPECT OF SEEKING
	ISSUANCE OF	LOCATION SKETCH IN
	CONNECTION WITH	AN EXTENT OF 30 ARES
	AND 35 Sq METE DOCUMENT NO.1229	RS WAS PURCHASED VIDE /1/1995.
EXHIBITP3 (c)	TRUE COPY OF	THE APPLICATION DATED
	14.07.2020 IN	RESPECT OF SEEKING
	ISSUANCE OF	LOCATION SKETCH IN
	CONNECTION WITH AND 35 Sq METE DOCUMENT NO.1770	AN EXTENT OF 30 ARES RS WAS PURCHASED VIDE /1/1999.
EXHIBIT P4	TRUE COPY OF THE 10.08.2020 SEEKI THE RIGHT TO INF	REQUEST DATED NG INFORMATION UNDER ORMATION ACT, 2005.
EXHIBIT P5	TRUE COPY OF THE NAMELY THE VILLA FOR RIGHT TO INF 7.09.2020.	SECOND RESPONDENT GE OFFICER ISSUED REPLY ORMATION ACT DATED
EXHIBIT P6	TRUE COPY OF THE ISSUED TO THE PE 18.07.2020.	POSSESSION CERTIFICATE TITIONER DATED
EXHIBIT P7	TRUE COPY OF THE SUBMITTED BEFORE DATED 23.09.2020	REPRESENTATION SECOND RESPONDENT .

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RESPONDENT(S) EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE

Akhil O. v. the District Collector

Case brief

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Akhil O. v. the District Collector

Case brief

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