Disposed

Jeeva @ Jeevakkani v. the District Collector

Kerala HC2 Jul 2021WP(C)/12729/2021

Case brief

AI extract

What is this about?

Writ petition filed by a petitioner seeking assignment of agricultural land and consideration of her representation before the District Collector and Tahsildar. The Court directed the District Collector to consider the representation expeditiously.

What did the court decide?

Direction to the 1st respondent to consider the Ext.P13 representation expeditiously, within two months, in accordance with law.

Jeeva @ Jeevakkani Vs the District Collector — Land Acquisition | Kerala HC (2021)

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WP(C) NO. 12729 OF 2021

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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 2^ND DAY OF JULY 2021 / 11TH ASHADHA, 1943

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WP(C) NO. 12729 OF 2021

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PETITIONER/S:

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JEEVA @ JEEVAKKANI, AGED 42 YEARS, W/O. RAJU, SAJI NIVAS, HOUSE NO. 3/70, BABU NAGAR, MARAYOOR VILLAGE, DEVIKULAM TALUK, IDUKKI 685 620.

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BY ADVS. SRI.R.DIVAKARAN SRI.BINOI GEORGE (CHERUKARA)

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, IDUKKI DISTRICT, CIVIL STATION, PAINAVU P.O, IDUKKI 685 601.

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2 TAHSILDAR, DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT 685 613.

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3 VILLAGE OFFICER MARAYOOR VILLAGE, IDUKKI DISTRICT, PIN 685 620.

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SMT K AMMINIKUTTY, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12729 OF 2021

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JUDGMENT

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The petitioner states that she is in possession of property having an extent of about 10 cents comprised in Survey No.277/1 of Marayoor Village. According to the petitioner, her ancestors were possessing the property for over 80 years and the Marayoor Grama Panchayat has issued a Building number for the homestead situated in the said property. Her grandfather as well as her father had applied for assignment, but the same was not favourably considered by the respondents. The petitioner in the said circumstances submitted Exts.P1 and P2 applications before the 2nd respondent. Aggrieved therein, the petitioner has submitted Ext.P13 representation before the 1st respondent. It is in the above backdrop that she has approached this Court seeking the following reliefs:

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(i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondent to assign the agricultural land in Survey No.277/1 having an extent of 10 cents as on Registry to the petitioner.

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(ii) Issue a writ in the nature of mandamus or any other appropriate writ order or directions, directing the 1st and 2nd respondent to consider the Exhibit P1, P2, P4 and P13 representations.

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Sri.R. Divakaran, the learned counsel appearing for the petitioner

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submits that the limited request of the petitioner is for issuance of direction to the 1st respondent to take up Ext.P13 representation and take a decision in an expeditious manner.

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WP(C) NO. 12729 OF 2021

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The learned Government Pleader submits that there is no impediment in considering Ext.P13 representation submitted by the petitioner on its merits.

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4. Having regard to the facts and circumstances and the submissions

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made across the Bar, this writ petition is disposed of directing the 1st respondent to take up Ext.P13 representation, if the same is in order, and pass appropriate orders strictly in accordance with law, with notice to the petitioner as well as the affected parties, if any. The orders as directed above shall be passed expeditiously, at any event, within a period of two months from the date of production of a copy of this judgment.

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The petitioner shall produce a copy of the writ petition along with this judgment before the 1st respondent to ensure compliance.

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This writ petition is disposed of.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 12729 OF 2021

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APPENDIX OF WP(C) 12729/2021

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PETITIONER EXHIBITS:

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Exhibit P1	THE TRUE COPY OF THE APPLICATION TO THE TAHSILDAR, DEVIKULAM DATED 02-07-2008
Exhibit P2	THE TRUE COPY OF THE APPLICATION TO THE TAHSILDAR, DEVIKULAM DATED 27-12-2013
Exhibit P3	THE TRUE COPY OF THE NOTICE ISSUED BY THE VILALGE OFFICER, MARAYOOR TO THE PETITIONER DATED 15-09-2008
Exhibit P4	THE TRUE COPY OF THE APPLICATION BEFORE THE DISTRICT COLLECTOR, IDUKKI DATED 31- 01-2014
Exhibit P5	THE TRUE COPY OF THE VISITOR'S PASS ISSUED TO THE PETITIONER DATED 31-01-2014
Exhibit P6	THE TRUE COPY OF THE NOTICE NO. B3-7723- 2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30-08-2016
Exhibit P7	THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ON 03-10- 2016
Exhibit P8	THE TRUE COPY OF THE CERTIIFICATE ISSUED BY THE SECRETARY OF THE GRAMAPANCHAYATH, MARAYOOR DATED 13-01-2021
Exhibit P9	THE TRUE COPY OF THE RATION CARD OF THE PETITIONER FOR THE PERIOD 2017
Exhibit P10	THE TRUE COPY OF THE ELETION IDENTITY CARD OF THE PETITIONER OF THE YEAR 2015
Exhibit P11	THE TRUE COPY OF THE ADHAR CARD OF THE PETITIONER
Exhibit P12	THE TRUE COPY OF THE APPLICATION TO A RESIDENTIAL HOUSE THROUGH LIFE MISSION PROJECT DATED 16-08-2020
Exhibit P13	THE TRUE COPY OF THE REPRESENTATION BEFORE

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WP(C) NO. 12729 OF 2021

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THE DISTRICT COLLECTOR ON 20-01-2021

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Exhibit P14 THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF EXHIBIT P13

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Exhibit P15 THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF THE 2ND RESPONDENT

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Exhibit P16 THE TRUE COPY OF THE ACKNOWLEDGMENT CARD OF THE 3RD RESPONDENT

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RESPONDENT EXHIBITS: NIL

Jeeva @ Jeevakkani v. the District Collector

Case brief

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Jeeva @ Jeevakkani v. the District Collector

Case brief

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