P.K.KAREEM v. THE STATE OF KERALA

SRI BS SYAMANTA, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.3828 of 2014 2 P.V.KUNHIKRISHNAN - - - - - - - - - - - - - - - - - - - - - W.P (C) No.3828 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2024 JUDGMENT The petitioner is in possession of 1 ½ cents of land in Survey No.324/1 in Kakkanad Village. It is the case of the petitioner that, the said property is on the side of Irumpanam-Kalamassery road. It is also submitted that on the back side of the said land he is having ½ cents of land over which he has got title. Ext.P1 is the tax receipt in respect of the property owned by him. It is submitted that the above 2 cents of property is being enjoyed by the petitioner as a single plot by constructing building therein. Ext.P2 is the tax receipt issued from Thrikkakara Municipality for paying property tax.

2. On 14.03.1997, the petitioner made Ext.P3 application for assignment to the 3rd respondent for getting 1 ½ cents of land assigned in his favour. The 3 rd respondent started enquiry in L.A. No.44/97 proceedings in which Ext.P4 Mahazar dated 18.07.1997 prepared by the 4th W.P (C) No.3828 of 2014 3 respondent. It submitted that in Ext.P4 it is reported that the said land is in possession of the petitioner and he has constructed building therein. It has recommended that the property can be assigned by receiving value. Thereafter, as per Ext.P5, a list was prepared and published notifying the said land for assignment in favour of the petitioner. No objections were received by the respondents against the said notification. Thereafter, 4th respondent was directed by the 3rd respondent to fix the value of the property. Accordingly, Ext.P6 report dated 28.06.2000 was submitted by fixing the value of the land to be assigned as Rs.10,000/- per cent. Thereafter, there was no action taken is the submission. The petitioner approached the respondent repeatedly. Subsequently, as per Ext.P7 letter, he was intimated from the office of the 3rd respondent that they are waiting for a report from the 4th respondent as to for what purpose the assignment was sought for.

3. It is the case of the petitioner that from the records of L.A. No.44/97 itself, it can be seen that the purpose is for the beneficial enjoyment. This fact is clear W.P (C) No.3828 of 2014 4 from Ext.P8 which form part of the records of L.A.44/97, is the further submission. When there was further delay, the petitioner submitted Ext.P9 to the 3rd respondent for taking a speedy action is the submission. Ext.P9 was received by the 3rd respondent as evident by Ext.P10 postal acknowledgment. So far there is no action taken by the respondents for assigning the said land to the petitioner. Hence, this writ petition.

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

5. A perusal of documents produced along with the writ petition would show that the proceedings for assignment of the property is already initiated by the respondents. Ext.P7 is a information received under the Right to Information Act. In Ext.P4, it is stated that the reason for delay in the assignment proceedings is because of the lack of report from the Village Officer regarding the purpose of assignment. But, as evident by Ext.P8, it is clear that the purpose is for beneficial enjoyment. In such circumstances, I am of the considered W.P (C) No.3828 of 2014 5 opinion that the delay in considering the assignment application is without any basis.

6. The learned Government Pleader submitted that now the petitioner's property is situated in the Municipal area and hence, the petitioner has to initiate separate steps through the Municipal authorities. I am of the considered opinion that the application of the petitioner was already processed and it is in the final stage. Simply because the property is now come within the Municipal area, the petitioner need not initiate the proceedings as afresh. Therefore, the authorities will consider the assignment application expeditiously. The petitioner submitted Ext.P9 before the 3rd respondent. Therefore, there can be a direction to the 3rd respondent to consider Ext.P9 in the light of the observations in this judgment. Therefore, this writ petition is disposed of with the following directions. 1) The 3rd respondent is directed to complete the proceedings in L.A No.44/97 as expeditiously as possible, at any rate within three months from the date of receipt of a certified copy of this judgment in the light of W.P (C) No.3828 of 2014 6 the observations in this judgment. 2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition with exhibits before the 3rd respondent for compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE nvj/bng W.P (C) No.3828 of 2014 7 APPENDIX OF WP(C) 3828/2014 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, KAKKANAD. TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE THRIKKAKARA MUNICIPALITY. EXHIBIT P2(A) EXHIBIT P2(A). TRUE COPY OF THE TAX RECEIPT NO.057302 ISSUED FROM THE THRIKKAKARA MUNICIPALITY. EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR ASSIGNEMNT SUBMITTED TO THE 3RD RESPONDENT. TRUE COPY OF THE MAHAZAR PREPARED BY 4TH RESPONDENT. EXHIBIT P5. TRUE COPY OF THE RELEVANT PAGE OF THE "PATHIVU LIST" NOTIFIED BY THE 3RD RESPONDENT. TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT. TRUE COPY OF THE RELEVANT PAGE OF THE LIST WHICH FORM PART OF THE RECORDS OF L.A.NO.44/97. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOW ACCEPTANCE OF EXHIBIT P9.