Petitioner sought issuance of Patta for assigned land withheld on account of a Government direction. The court directed the District Collector/Tahasildar to decide whether the assignment was revoked given the land's reservation as PWD puramboke, and to issue Patta if not revocable.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO. 7044 OF 2015
PETITIONER:
KARUPPUSWAMI, S/O.PERUMAL, IKA NAGAR, MUNNAR P.O., IDUKKI DISTRICT.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
BY SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7044/2015 2
JUDGMENT
A. Muhamed Mustaque, J .
The petitioner claims that he was assigned 7 cents of land as per Ext.P1 Patta comprised in Survey No.62/9 in Kannan Deven Hills Village. However, he was not issued with Patta. The Tahsildar, Devikulam, in a communication produced as Ext.P4 stated that there was a direction by the Government to stop the issuance of Patta and he is unable to issue Patta. This is how the petitioner has approached this Court.
Having considered the facts and circumstances, we are of the view that the Tahsildar, Devikulam shall consider whether the assignment order has been revoked in the light of the land that has been reserved for PWD puramboke, after hearing the petitioner. If it is found that
W.P.(C) No.7044/2015 3
it is not revocable, necessary steps shall be taken to issue Patta in accordance with law. The District Collector shall take a decision in the matter within two months. The petitioner shall mark his presence before the District Collector on 25.3.2024.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
ln
W.P.(C) No.7044/2015 4
APPENDIX OF WP(C) NO.7044/2015
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORDER OF ASSIGNMENT ON REGISTRY ALONG WITH SKETCH.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 28.05.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE REPORT DATED 18.06.2014 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 20.06.2014 ISSUED BY THE 3RD RESPONDENT.
1 issue framed by the court
Whether the Tahsildar should issue a Patta for land assigned to the petitioner despite the Government direction stopping issuance and the claim that the land is reserved PWD puramboke.
Karuppuswami S/o. Perumal
State of Kerala, represented by its Secretary, Department of Revenue
The Revenue Divisional Officer, Devikulam
The Tahasildar, Devikulam Taluk
The Village Officer, Kannan Devan Hills Village, Munnar
The Munnar Grama Panchayath, represented by its Secretary
A. Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
