LAILA A.S v. DISTRICT COLLECTOR

BY ADV.SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.1831/2023 2 JUDGMENT Dated this the 16th day of January, 2024 The petitioner has approached this Court seeking the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to reconstruct the land assignment proceedings file No. C1-LA-1/87/KDVR (LRG2-28755/89 Collectorate, Palakkad) and take necessary and appropriate action forthwith for effecting sub division of the land, allotment of Tandaper account number in the name of the petitioner in respect of her land in old Sy.No.379/1, new Sy.No. 577 in Block No. I of Koduvayur Village and effect mutation of the land in the name of the petitioner and receive land tax and also issue possession certificate to the petitioner in respect of the said land at any rate within a time frame to be fixed by this Hon'ble Court; b) issue such other or further orders as this Hon'ble Court may deem just and fit in the circumstances of the case; c) dispense with production of English translation of vernacular documents”

2. Petitioner had applied for assignment of 3 cents of PWD puramboke land in Sy.No.379/1 of Koduvayur-I Village for the beneficial enjoyment of the adjoining property she had been in WP(C) NO.1831/2023 3 possession during the year 1989. The application of the petitioner was processed by the first respondent, after obtaining the views of the concerned Section and Department. The Executive Engineer, PWD Roads Division, Palakkad, had sent a communication to the District Collector intimating that as per rules in force he is not in a position to recommend the assignee for leasing out any PWD puramboke land, but, however making it clear that there was no proposal pending there for the future development of the road in question and the land was not required for the Department. The District Collector had also addressed a letter dated 23.12.1989 to the Secretary to Government Department seeking orders permitting assignment of the land. The land has been in the possession of the applicant and her family for almost 20 years and land conservancy proceedings were initiated and the petitioner agreed to remit the land value at the prevailing market rate in the vicinity and it was suggested that an amount of Rs.5,000/- per cent could be fixed and there is no improvement in the land belonging to the Government. A notice was issued as per rules and no objection had been received. On inspection, it was found that the lie of the land is in such a way in this case that it will not affect the vehicular or pedestrian traffic on the land and the PWD has already intimated that the land is not required for future WP(C) NO.1831/2023 4 improvement of the road.

3. Ultimately after completing all the procedures, the Government as per Ext.P4 order dated 21.02.1991 accorded sanction for assignment on registry to an extent of 3 cents of PWD puramboke land in Sy.No.379/1 of Koduvayur-I Village in favour of the petitioner for her beneficial enjoyment. Thereafter the Tahsildar as per Ext.P5 proceedings directed the petitioner to remit a total amount of Rs18,187/- towards the land value and the survey and demarcation charges on or before 25.04.1991. Ext.P6 is the receipt evidencing payment of the said amount as demanded in Ext.P5. Thereafter the petitioner was issued with Ext.P7 order of assignment on registry and which was followed by issuance of a form of Ext.P8 patta. Thereafter the petitioner has been remitting land tax for the property as is evident from Exts.P9 to P12. Petitioner also relies on Ext.P13 sketch prepared by the Village Officer. In spite of all these, the petitioner has learnt that she has not been assigned thandaper number in the revenue records and the land still lies as road puramboke.

4. The request of the petitioner for effecting subdivision of the land and allotment of thandaper account number in respect of her land in old Sy.No.379/1 (new survey No.577) in Block No.1 of Koduvayur Village and effect mutation of land and to receive land WP(C) NO.1831/2023 5 tax and also for issuance of the possession certificate is not being considered taking a stand that the assignment files relating to the assignment are not available. Petitioner requested the Village Officer, Koduvayur-I Village to carry out necessary changes in the revenue records by mutation and also assignment of thandaper account for which Ext.P14 application was submitted before the Tahsildar, Chittur.

5. Heard the learned counsel for the petitioner and the learned Government Pleader.

6. After hearing both sides, I am of the view that the stand taken by the respondent that further proceedings on Ext.P14 application cannot be issued only for the reason that the assignment files are found to be missing cannot be accepted. Admittedly sanction for assignment of the land was issued by the Government as per Ext.P4. By Ext.P5, the Tahsildar concerned directed the petitioner to remit the land value towards the said property and the same has been paid by the petitioner as is evident from Ext.P6. Thereafter an order of assignment as Ext.P7 has been issued and followed by Ext.P8 patta issued in the prescribed form. It is seen that by Exts.P9 to P12, the petitioner has been remitting tax for the said property also and that Ext.P13 sketch has been prepared by the Village Officer. A perusal of WP(C) NO.1831/2023 6 Ext.P7 order reveals that the boundaries have been clearly mentioned therein in view of the survey number, extent etc. If a subdivision sketch is to be prepared, the same could be made on the basis of the boundaries mentioned in Ext.P7. Therefore, only for the reason that the file could not be traced out, the request made by the petitioner in Ext.P14 cannot be kept pending. Petitioner submits that he is a cancer patient and she wants to raise amount for her treatment and she should be permitted to remit tax in her name and make necessary changes in the BTR. In such cirumstances, the Writ Petition is disposed of with a direction to the additional fourth respondent to finalise the proceedings as requested in Ext.P14 if required by preparing a sketch on the basis of boundaries mentioned in Ext.P7 assignment order and take necessary steps to comply with the request at the earliest, within an outer limit of three months from the date of receipt of a copy of this judgment, with notice to the petitioner and any other affected parties. Sd/- JUDGE VIJU ABRAHAM WP(C) NO.1831/2023 7 APPENDIX OF WP(C) 1831/2023 PETITIONER’S EXHIBITS Exhibit p1 Exhibit p2 Exhibit p3 Exhibit4 Exhibit5 Exhibit p6 Exhibit p7 Exhibit p8 Exhibit p9 Exhibit p10 Exhibit p11 TRUE COPY OF THE COMMUNICATION BEARING NO. C4-3594/90.L. DIS DATED .07.90 FROM THE EXECUTIVE ENGINEER, PWD TRUE COPY OF THE COMMUNICATION FROM THE DISTRICT COLLECTOR TO THE SECRETARY TO GOVERNMENT (L) DEPARTMENT DATED 23/12/1989 TRUE COPY OF THE LETTER FROM THE DISTRICT COLLECTOR TO THE SECRETARY TO GOVERNMENT, REVENUE (L) DEPARTMENT DATED 22.9.1990. TRUE COPY OF THE ORDER DATED 21.02.1991 OF THE GOVERNMENT. TRUE COPY OF THE PROCEEDINGS DATED 06.04.1991 OF THE TAHSILDAR. TRUE COPY OF RECEIPT DATED 22.4.1991 ISSUED BY THE VILLAGE OFFICE, KODUVAYUR TRUE COPY OF ORDER OF ASSIGNMENT ON REGISTRY AS PER APPENDIX - I BY THE TAHSILDAR.DATED 25/06/1991. TRUE COPY OF FORM OF PATTA AS PER APPENDIX-II FORM BY THE TAHSILDAR, CHITTUR. DATED ;25/06/1991. TRUE COPY OF THE RECEIPT RECEIVED AND DATED 04.03.1995. TRUE COPY OF THE RECEIPT RECEIVED AND DATED 27.11.1995. TRUE COPY OF THE RECEIPT RECEIVED AND DATED 16.12.1996. Exhibit p12 TRUE COPY OF THE RECEIPT RECEIVED AND WP(C) NO.1831/2023 8 Exhibit p13 Exhibit p14 Exhibit p15 Exhibit p16 Exhibit p17 Exhibit p18 DATED 18.11.1997. TRUE COPY OF THE SKETCH OF THE LAND ISSUED FROM THE VILLAGE OFFICE. TRUE COPY OF THE APPLICATION DATED 25.05.2022 SUBMITTED BEFORE THE CHITTUR TALUK ADDITIONAL TAHSILDAR BY THE PETITIONER. TRUE COPY OF THE REPLY DATED 15.6.2022 ADDRESSED TO THE TAHSILDAR RECEIVED FROM THE VILLAGE OFFICE, KODUVAYUR. TRUE COPY OF THE APPLICATION DATED 17.11.2022 FILED BY THE SON OF THE PETITIONER BEFORE THE DISTRICT COLLECTOR UNDER RTI. TRUE COPY OF ACKNOWLEDGEMENT RECEIVED FROM THE OFFICE OF THE DISTRICT COLLECTOR. TRUE COPY OF THE REPLY DATED 28.11.2022 RECEIVED FROM THE PUBLIC INFORMATION OFFICER.