The High Court dismissed a writ petition challenging the rejection of a land assignment application, noting the order was already passed, without prejudice to future challenges. The 2nd respondent's order dated 22-12-2020 rejecting the application stood.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.28067 OF 2020(G)
PETITIONER:
M.J.FRANCIS AGED 61 YEARS S/O.M.C.JOSEPH,MALIEKAL HOUSE, HOUSE NO.3/119,2ND MILE, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI, PIN CODE - 685 565, NOW RESIDING AT MALIEKAL HOUSE, MARKET ROAD, NORTH PARAVUR, PIN CODE - 683 513.
BY ADVS. SRI.SHIBU JOSEPH SRI.AJITH VISWANATHAN
RESPONDENTS:
R BY SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.28067 OF 2020(G)
JUDGMENT
The petitioner, who is stated to be in possession of a property having an extent of 2.21 Acres comprised in ReSy.No.24/1 in Block No.14 of Pallivasal Village, Devikulam Taluk, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Tahsildar to consider and allow Ext.P4 application dated 30.01.2020 made under the provisions of the Kerala Land Assignment Rules, 1964 seeking assignment of the aforesaid land. The said application was made after the dismissal of the statutory appeal filed by the petitioner against the order of cancellation of Patta. Ext.P3 is the order of the 1st respondent District Collector rejecting the appeal filed by the petitioner.
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WP(C).No.28067 OF 2020(G)
learned Special Government Pleader sought time to get instructions from the 2nd respondent.
Having considered the submission made by the learned counsel for the petitioner, this writ petition is dismissed since Ext.P2 application made by the petitioner has already been rejected by the 2nd respondent, vide order dated 22.12.2020; however, without prejudice to the right of the petitioner to challenge that order in appropriate proceedings.
All legal and factual contentions raised by the petitioner in this writ petition are left open to be raised before the appropriate authority at appropriate stage.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/21/1
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WP(C).No.28067 OF 2020(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 24/02/2012 IN W.P.(C) NO.3314 OF 2012, PASSED BY THIS HON'BLE COURT.
EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 31/01/2014 IN W.P.(C) NO.1293 OF 2014, PASSED BY THIS HON'BLE COURT.
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE ORDER DATED 02/08/2017 IN APPEAL NO.C.228985/2014 PASSED BY THE 1ST RESPONDENT.
EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 30/01/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULES 11(8) AND 16(1) OF APPENDIX 4 OF THE KERALA LAND ASSIGNMENT RULES.
M.J.Francis
The District Collector, Idukki
The Tahsildar, Devikulam
The Village Officer, Pallivasal
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
