CHELLAPERUMAL v. NONE
Case at a glance
- Decided
- 23 Jan 2024
- Bench
- VIJU ABRAHAM
Outcome
Disposed of
With the abovesaid directions the writ Petitions are disposed of
Key paragraphs
- Para 33. Learned Government Pleader upon instruction from the 2nd respondent would submit that notice was issued to the Taluk Surveyor, who inspected the said site and informed that he could not identify the plots as allotment has been made in respect of 150 plots and…
Judgment
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 WP(C) NO. 30395 OF 2023 PETITIONER: M.M. KUTTAPPAN, AGED 85 YEARS MANJANATTU HOUSE, NALLUNNAKKAL PO, VAKATHANAM, KOTTAYAM, PIN - 686538 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM RESPONDENTS: 1 2 3 4 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, COLLECTORATE IDUKKI, KUYILIMALA, PAINAV PO, IDUKKI DISTRICT, PIN - 685603 THE TAHSILDAR, TALUK OFFICE, PEERMADE, IDUKKI DISTRICT, PIN - 685531 THE VILLAGE OFFICER ELAPPARA, PEERMADE, IDUKKI DISTRICT, PIN - 685501 THE TALUK SURVEYOR, PEERMADE TALUK, PEERMADE,IDUKKI DISTRICT, PIN – 685531 SR.GP DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).29801/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) Nos.29801 & 30395 of 2023 4 VIJU ABRAHAM, J. ................................................................. W.P (C) Nos.29801 & 30395 of 2023 ................................................................. Dated this the 23rd day of January, 2024 JUDGMENT W.P.(C) No.29801 of 2023 is filed seeking a direction to the 2 nd respondent to allot plot no.372 comprised in survey no.978 of Elappara Village and covered by Ext.P1 offer of assignment in favour of the petitioners and also to measure and hand over possession of the said plot to them forthwith, whereas W.P.(C) No.30395 of 2023 is filed seeking a direction to the 2nd respondent to identify and allot plot no.378 comprised in survey no.975 of Elappara Village and covered by Ext.P1 offer of assignment in favour of the petitioner and also to measure and hand over possession of the said plot to him forthwith.
Petitioners in W.P.(C) No.29801 of 2023 have been offered plot no.372 comprised in survey no.978 of Elappara Village as per Ext.P1 offer of assignment, whereas petitioner in W.P.(C) No.30395 of 2023 has offered plot no.378 comprised in survey no.975 of Elappara Village as per Ext.P1 offer of assignment. The grievance raised by the petitioners is that after the issuance of Ext.P1 offers of assignment, no steps were taken to measure and handover possession of the land to them. The 4th W.P (C) Nos.29801 & 30395 of 2023 5 respondent as per Ext.P6 intimated the 2nd respondent that in order to identify the property a total station team is required and therefore requested the 2nd respondent to take necessary steps for the same. Petitioners submit that till date no steps have been taken in this regard.
Learned Government Pleader upon instruction from the 2nd respondent would submit that notice was issued to the Taluk Surveyor, who inspected the said site and informed that he could not identify the plots as allotment has been made in respect of 150 plots and the said plots are lying without any boundary and only on a total station survey conducted the plots could be identified and demarcated and the 1st respondent is intimated about constituting a special survey team. Learned Government Pleader would submit that since 150 plots are to be identified, it requires some time to finalise the proceedings. It is seen that that the offers of assignment was issued as early as in 1985 and till date the petitioners could not enjoy the fruits of Ext.P1 offers of assignment even after lapse of a considerable period of time. Now that the authorities have initiated steps to identify and demarcate the properties by constituting a special survey team for conducting a total station survey in respect of the properties, the proceedings could be finalised without any delay.
Operative part
Therefore, there will be a direction to the 1st respondent to see that the proceedings as stated above is completed without any delay, at any rate, within an outer limit of 8 months from the W.P (C) Nos.29801 & 30395 of 2023 6 date of receipt of a copy of the judgment, with notice to the petitioners and any other affected parties. Subject to the finalisation of the said proceedings the request of the petitioners to allot the plots in respect of which Ext.P1 offers of assignment have been granted shall be finalised, which includes measurement and handing over of possession of respective plots to the petitioners, within a further period of two months thereafter. With the abovesaid directions the writ Petitions are disposed of. VIJU ABRAHAM Sd/- JUDGE W.P (C) Nos.29801 & 30395 of 2023 7 APPENDIX OF WP(C) 30395/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE OFFER OF ASSIGNMENT DATED 22/2/1985 ISSUED BY THE 1ST RESPONDENT A TRUE COPY OF THE RECEIPT OF REMITTANCE OF RS. 100/- BEFORE THE 3RD RESPONDENT TRUE COPY OF THE ONE AND THE SAME CERTIFICATE IN RESPECT OF THE PETITIONER . A TRUE COPY OF THE REPORT DATED 13/07/1988 OF THE TALUK SURVEYOR, PEERMADE W.P (C) Nos.29801 & 30395 of 2023 8 APPENDIX OF WP(C) 29801/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE OFFER OF ASSIGNMENT DATED 22/2/1985 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE DEATH CERTIFICATE OF KALUVATHAN @ PERIYASWAMI TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE TO SHOW THAT THE PETITIONERS ARE THE ONLY LEGAL HEIRS OF KALUVATHAN @ PERIYASWAMI ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE ONE AND THE SAME CERTIFICATE IN RESPECT OF THE 1ST PETITIONER A TRUE COPY OF THE JUDGMENT DATED 10/4/2018 THUS PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 32323 OF 2017 A TRUE COPY OF THE LETTER BEARING NO. C1-4410/23 DATED 16/5/2023 THUS SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the abovesaid directions the writ Petitions are disposed of
Which court decided this case, and when?
Kerala High Court, on 23 Jan 2024. The bench was VIJU ABRAHAM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.