Disposed

Sajitha T.S. v. the Tahasildar

Kerala HC19 Mar 2024WP(C)/1156/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the rejection of a land assignment request. Noting an effective alternative remedy, the Court directed the petitioner to file an appeal before the Revenue Divisional Officer within three weeks.

What did the court decide?

Petitioner directed to prefer an appeal before the Revenue Divisional Officer within three weeks; appeal to be finalized within three months.

Sajitha T.S. Vs the Tahasildar — Land Acquisition | Kerala HC (2024)

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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 VIJU ABRAHAM

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TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945

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WP(C) NO. 1156 OF 2023

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PETITIONER:

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SAJITHA T.S.,AGED 45 YEARS
W/O. A.K. UNNIKRISHNAN, THOTTATHIPARAMBIL HOUSE,
KARIMUGAL COLONY, PUTHENCRUZ P.O., ERNAKULAM
DISTRICT, KERALA-682308., PIN - 682308

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BY ADVS.
M.R.DHANIL
SENITTA P. JOJO

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RESPONDENTS:

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1 THE TAHASILDAR

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KUNNATHUNADU TALUK, PERUMBAVOOR,
ERNAKULAM DISTRICT, KERALA- 683543.

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2 THE DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT, KERALA-682030.

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ADDL.R3 REVENUE DIVISIONAL OFFICER, ERNAKULAM

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ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED
23.02.2024 IN WP(C) 1156/2023

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OTHER PRESENT:

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SR.GP - JUSTIN JACOB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

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19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.1156 of 2023

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VIJU ABRAHAM, J.

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................................................................. W.P (C) No.1156 of 2023

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Dated this the 19^th day of February, 2024

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JUDGMENT

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Petitioner has approached this Court challenging Ext.P4 proceedings issued by the 1^st respondent whereby the request for assignment of land has been rejected for the reason that the petitioner is in possession of another extent of land. The specific case of the petitioner is that when the petitioner made an application for assignment of land, she was not in possession of any land and only subsequent to that her father has settled 1.46 Ares of land out of 2.29 Ares of patta land in her name. Petitioner relying on the judgment in Latheef v. State of Kerala, 1999 KHC 319 would contend that patta can be granted even if the person is in possession of another piece of land.

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The learned Government Pleader upon instruction submitted

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that Ext.P4 issued by the 1^st respondent is an appealable order under Rule 21 of the Kerala Land Assignment Rules, 1964 before the Revenue Divisional Officer.

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WP(C) No.1156 of 2023

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In view of the effective alternative remedy available to the petitioner by way of an appeal to the Revenue Divisional Officer I am inclined to dispose of the writ petition as follows:

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Petitioner shall prefer an appeal before the additional 3^rd respondent, Revenue Divisional Officer within a period of thee weeks from the date of receipt of a copy of the judgment. If such an appeal is preferred as directed above, the additional 3^rd respondent shall consider and pass orders on the same after affording an opportunity of being heard to the petitioner and finalise the proceedings within an outer limit of three months from the date of receipt of the appeal.

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

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WP(C) No.1156 of 2023

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APPENDIX OF WP(C) 1156/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE PATTA DATED
15/12/2009 ISSUED BY THE TAHASILDAR.

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Exhibit P2TRUE COPY OF THE APPLICATION FOR
ISSUING PATTA PREFERRED BY THE
PETITIONER DATED 06/06/2017.

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Exhibit P3TRUE COPY OF THE CERTIFICATE DATED
07/11/2016 ISSUED BY THE VADAVUCODE-
PUTHENCRUZ GRAMA PANCHAYAT.

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Exhibit P4TRUE COPY OF THE PROCEEDINGS OF THE
TAHASILDAR DATED 21/07/2022.

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Exhibit P5TRUE COPY OF THE REPRESENTATION DATED
09/06/2023.

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RESPONDENT EXHIBITS

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Exhibit R1 (A)True copy of the report of the
Village Officer dtd 22-11-2017

Sajitha T.S. v. the Tahasildar

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Sajitha T.S. v. the Tahasildar

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