K.V. GANGA v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-03-27. K.V. GANGA v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. V. KUNHIKRISHNAN TH WEDNESDAY, THE 27 DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 WP(C) NO. 17343 OF 2013 PETITIONER/S: K. V. GANGA AGED 73 YEARS W/O. P. K. NARAYANAN, PONNACHUPARAMBIL, NOW RESIDING AT MRUTHA NIVAS, WELFARE ROAD, PALARIVATTOM, KOCHI- 25. BY ADVS. SANTHOSH MATHEW ARUN THOMAS KARTHIKA MARIA ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 TAHSILDAR TALUK OFFICE, KOCHI-682001. BY ADVS. GOVERNMENT PLEADER OTHER PRESENT: SRI. RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27. 03. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. V. KUNHIKRISHNAN, J --------------------------------------- W. P. (C. ) No.
17343 of 2013 --------------------------------------th Dated this the 27 day of March, 2024 JUDGMENT The above writ petition is filed with following prayers : “a) Issue a writ of mandamus or any other appropriate nd writ, order or direction, directing the 2 respondent to issue the Patta under the Kerala Land Assignment Act in view of Exhibits P-1 and P-4 to the petitioner on an earlier date, and b) to issue such other writ, order or direction as are necessary in the nature of the case and in the interest of justice. ” [sic] 2. The main grievance of the petitioner is about the non issuance of patta as per the order of assignment. A counter is nd filed by the 2 respondent. It will be better to extract paragraph Nos. 3 and 4 of the counter affidavit. 3. “It is submitted that the petitioner residing in Palarivattom near Ernakulam and is having ownership and possession of 8. 5 cents of landed property in Punithura Village in Kanayannoore Taluk.
The land applied for assignment is situated in Puthuvype Village where LNG Terminal is situated. There are number of Government projects are proposed in the present site and land in question is situated in a highly potential area and hence it cannot be assigned to anybody as per Section II(1) and II(2) of the Kerala Land Assignment Rule 1964. 4. In this context, it is also submitted that the Government has now issued an order bearing No. GO(Ms)280/11/RD dated 27. 07. 2011 stating that the land assigned on Patta will be issued only to the landless people alone that too for the purpose of self housing. The petitioner is either cultivating or residing in the said land. Equally, the petitioner owned an extent of 8. 5 cents of land in Ernakulam city. Under such circumstances at any rate the land cannot be assigned to the petitioner, none of the grounds raised in the writ petitions are legally sustainable. ” 3.
In the light of the above averments, I am of the considered opinion that the petitioner is not entitled any relief. No further orders can be passed in this case. Therefore, this writ petition is closed recording paragraph nd Nos. 3 and 4 of the above counter filed by the 2 respondent. Sd/- P. V. KUNHIKRISHNAN JUDGE SKS APPENDIX OF WP(C) 17343/2013 PETITIONER EXHIBITS EXT. P1 TRUE COPYA OF THE ORDER OF ASSIGNMENT IN LA NO. 926/1974. P2 TRUE COPY OF THE RECEIPT DATED 22-3-1976 ISSUED BY THE VILLAGE OFFICER, PUTHUVAIPPU. P3 TRUE COPY OF THE RECEIPT ISSUED BY THE PETITIONER FOR PAYUMENT OF TAX ON 4/1/1988. P4 TRUE COPY OF THE PROCEEDINGS DATGED 1- 12-2005 OF THE 2ND RESPONDENT. P5 TRUE COPY OF THE APPLICATION DATED 28-1- 2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM BEFORE THE 2ND RESPONDENT.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.