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2021 Supreme(Online)(KER) 32978
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 4TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943 WP(C) NO. 13195 OF 2021 PETITIONER:
HANEEFA, S/O. LATE ALAVI HAJI, CHOLAYIL HOUSE, PAVUKKONAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADVS.
P.JAYARAM GIGI PAPPACHAN SARATH CHANDRAN K.B.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, PALAKKAD
678 001.
2 THE TAHASILDAR, OTTAPALAM-679 101
3 THE VILLAGE OFFICER, ANANGANADI-679 501
4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001 SMT. SURYA BINOY- SR. G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['P JAYARAM', '', 'GIGI PAPPACHAN', 'SARATH CHANDRAN K B']
JUDGMENT
The petitioner has approached this Court seeking a direction to respondents 2 and 3 to afford a 'Thandapper' number to his property, covered by Ext.P1 document.
2. Sri.P.Jayaram – learned counsel for the petitioner, submitted that his client's application has been kept pending by the competent Authority merely saying that some Ceiling Case is pending with respect to its predecessor-in- interest. He submitted that this can be no reason why his client's request for allotment of the 'Thandapper' number can be denied.
3. The learned Senior Government Pleader –
Smt.Surya Binoy, affirmed that the petitioner's request has been pending because there is a Ceiling Case against the property and also because there is an order by the District Collector under Section 120A of the Kerala Land Reforms Act (hereinafter referred to as 'the Act' for short). She, therefore, prayed that this Writ Petition be dismissed.
4. When I hear the learned Senior Government Pleader as afore, it is now well settled in law that merely because there is a ceiling case or even an order under Section 120A of the Act by the District Collector, the request of the owner of the land for enforcing his/her ownership rights over the same cannot be impeded. If the petitioner had sought for sale of the property or such other alienation or transfer, then perhaps this contention could have taken forward. However, in this case, the petitioner only seeks that his property be given a 'Thandapper' number, based on Ext.P1 document, which has been executed as early as in the year 1970.
In the afore circumstances, I allow this Writ Petition and direct the competent respondent to accede to the request of the petitioner and allot a suitable 'Thandapper' number to the property in question; however, without, in any manner, impeding the ongoing Ceiling Case and leaving full liberty to the competent Authority to complete the same and take necessary action thereon, in terms of law, if it becomes so warranted, in future.
JUDGE APPENDIX OF WP(C) 13195/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE ASSIGNMENT DEED NO.
990/1987, SRO CHERPULASSERI, WHEREIN, THE PETITIONER AND HIS BROTHER, VEERAN OBTAINED THE PROPERTY ASSIGNED FROM THEIR FATHER, ALAVI HAJI.
Exhibit P2 TRUE COPY OF THE RECEIPT DATED
15.12.2020 WHEREBY THE PETITIONER HAS REMITTED LAND TAX AT VILLAGE OFFICE, ANANGANADI WITH RESPECT TO HIS PROPERTY.
Exhibit P3 TRUE COPY OF THE SKETCH SHOWING THE TOPOGRAPHY OF THE PETITIONER'S LAND LYING ALONG WITH THE PROPERTY OF THE PETITIONER'S BROTHER VEERAN.
Exhibit P4 TRUE COPY OF THE THANDAPER ACCOUNT DATED 23.03.2017 OF THE PROPERTY BELONGING TO PETITIONER'S BROTHER, VEERAN ISSUED BY VILLAGE OFFICER, ANANGANADI VILLAGE.
