Petitioner sought a certificate showing actual boundaries of his property; the Village Officer rejected the application and an appeal pending before the District Collector. The writ petition sought a time-bound disposal of that appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 20698 OF 2024
PETITIONER:
KANIYATH KANAKARAJAN
AGED 51 YEARS
S/O. KANIYATH KUNHIRAMAN, KANIYATH HOUSE,
NADUVIL AMSOM, DESOM, NADUVIL P.O.,
TALIPARAMBA TALUK, KANNUR DISTRICT,
PIN – 670582
BY ADVS.
SRI.C.P.PEETHAMBARAN
SMT.KARTHIKA PEETHAMBARAN
SMT.NEERAJA VENUGOPAL
SMT.RAMSEENA UDAYAKUMAR
SRI.ARJUN J DAS
RESPONDENTS:
1 THE DISTRICT COLLECTOR KANNUR,CIVIL STATION, KANNUR, PIN – 6700012 THE TAHSILDAR TALUK OFFICE, TALIPARAMBA, KANNUR DISTRICT, PIN – 6701413 THE VILLAGE OFFICER VILLAGE OFFICE, MALAPPATTAM, KANNUR DISTRICT, PIN – 6706314 THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, IRIKKUR, KANNUR DISTRICT, PIN – 6705935 KANIYATH GOVINDAN S/O. LATE KUNHAMBU, KANIYATH HOUSE, MALAPATTAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670631WP(C)No.20698//2024 : 2 :
6 MODOTHUMVALAPPIL JANAKI W/O. KANIYATH GOVINDAN, MALAPATTAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN – 670631
OTHER PRESENT:
SMT.DEEPA V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.20698//2024
: 3 :
JUDGMENT
The petitioner approached the 3rd respondent to issue a certificate showing the actual boundary of his property. The 3rd respondent dismissed the said application as per Ext.P11 order. The petitioner challenged Ext.P11 before the 1st respondent by filing Ext.P12 appeal. The limited prayer of the writ petitioner is to give a direction to the 1st respondent to dispose of Ext. P12 appeal within a time frame.
Having heard Sri.Peethambaran C.P., the learned counsel for the petitioner and Smt.Deepa V., the learned Government Pleader, this writ petition is disposed of with a direction to the 1st respondent to consider and dispose of Ext.P12 appeal, after hearing the petitioner and respondents 5 and 6, within a period of 3 months from the date of receipt of a copy of this judgment.
Sd/-
SLR
DR. KAUSER EDAPPAGATH JUDGE
WP(C)No.20698//2024
: 4 :
APPENDIX OF WP(C) 20698/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE SETTLEMENT DEED NO.
2073/2014 DATED 19/9/2014 OF SUB
REGISTRAR'S OFFICE, IRIKKUR
Exhibit P2TRUE COPY OF THE JUDGMENT DATED
12.09.1990 IN O.S. NO. 95/1990 OF
MUNSIFF COURT, TALIPARAMBA
Exhibit P3TRUE COPY OF THE PROCEEDING NO. K.
DIS.1001/90.D2 DATED 9.9.1991 OF THE
2ND RESPONDENT
Exhibit P4TRUE COPY OF THE BASIC TAX RECEIPT
DATED 8/4/1992 ISSUED BY THE 3RD
RESPONDENT
Exhibit P4(a)TRUE COPY OF THE BASIC TAX RECEIPT
DATED 11/9/2014 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5TRUE COPY OF THE LAND TAX RECEIPT
DATED 24/7/2015 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5(a)TRUE COPY OF THE LAND TAX RECEIPT
DATED 22/7/2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5(b)TRUE COPY OF THE THANDAPER ACCOUNT NO.
856 DATED 23/12/2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5(c)TRUECOPYOFTHEPOSSESSION
CERTIFICATE DATED 8/5/2019 ISSUED BY
THE 3RD RESPONDENT
Exhibit P6TRUE COPY OF THE REPORT DATED 7/4/2022
OF THE CHARGE OFFICER OF THE 3RD
RESPONDENT
WP(C)No.20698//2024 : 5 :
Exhibit P6(a)TRUE COPY OF THE COMMUNICATION DATED
7/5/2022 OF THE TAHSILDR (LAND
RECORDS)
Exhibit P7TRUE COPY OF THE ORDER DATED 13/6/2023
IN I.A. NO. 2/2022 IN O.S. NO.
519/2022 OF MUNSIFF COURT, TALIPARAMBA
Exhibit P8TRUE COPY OF THE UN-REGISTERED GIFT
DEED DATED 16/2/2024 EXECUTED BY THE
PETITIONER
Exhibit P9TRUE COPY OF THE COMMUNICATION DATED
23/2/2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P10TRUE COPY OF THE APPLICATION DATED
5/3/2024 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT
Exhibit P11TRUE COPY OF THE ORDER DATED 21/3/2024
OF THE 3RD RESPONDENT
Exhibit P12TRUE COPY OF THE APPEAL DATED
17/4/2024 SUBMITTED BY THE PETITIONER
TO THE 1ST RESPONDENT
Exhibit P12(a)TRUE COPY OF THE RECEIPT DATED
18/4/2024 ISSUED BY THE 1ST RESPONDENT
1 issue framed by the court
Whether the District Collector should be directed to dispose of the petitioner's appeal against rejection of his boundary certificate application within a fixed time frame.
KANIYATH KANAKARAJAN
THE DISTRICT COLLECTOR KANNUR
THE TAHSILDAR TALUK OFFICE, TALIPARAMBA
THE VILLAGE OFFICER VILLAGE OFFICE, MALAPPATTAM
THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, IRIKKUR
KANIYATH GOVINDAN
KAUSER EDAPPAGATH
As recorded by the court registry
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