2025:KER:30964 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 18677 OF 2019 PETITIONER: ACHAKKOTTIL SAROJINI, AGED 41 YEARS, W/O. KUNHJU, PONPANAL VEEDU, MANANTHAVADY AMSOM, OZHAKKODI DESOM, MANANTHAVADY P.O., AND TALUK. BY ADVS. LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.ANZIL SALIM RESPONDENTS: 1 STATE OF KERALA, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY. 2 DISTRICT COLLECTOR, MANANTHAVADY, WAYANADU, KERALA 670 645. 3 THE TAHSILDAR, (SPECIAL ASSIGNMENT), MANATHAVADY TALUK, WAYANAD, KERALA 670 645. 4 THE VILLAGE OFFICER, THAVINJAL MANATHAVADY TALUK, WAYANAD, KERALA - 670 645. 5 SMT. SHALU, S/O.PUSHPAN, ACHAKKOTTIL VEEDU, THAVINJAL, KAMPETTI P.O., MANANTHAVADY TALUK. W.P.(C)No.18677 of 2019 2 2025:KER:30964 6 ADDL.SHIBU, S/O.PUSHPAN, ACHAKKOTTIL VEEDU, THAVINJAL AMSOM DESOM, KAMPETTI P.O., MANANTHAVADY TALUK, ARE IMPLEADED AS ADDL.R5 AND R6 AS PER ORDER DATED 13-07-2020 IN IA 2/2020 IN WP(C). OTHER PRESENT: SRI ASWIN SETHUMADHAVAN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.18677 of 2019 3 2025:KER:30964 JUDGMENT The captioned writ petition is filed by the petitioner with reference to the assignment of certain landed property extending into 1.10 Acres in the name of her mother Smt.Chulliyil K.Janaki (Achokottil Janaki). 2. Noticing the rival submissions, this Court on 06.11.2024 issued the following order:- “ 8. It is pointed out by both sides that the petitioner had already submitted Ext.P7 application before the District Collector and Ext.P8 application before the Government with reference to the third proviso to Rule 9(7). In such circumstances, I am of the opinion, that the said applications have to be brought to a logical conclusion. 9. I notice, that the petitioner’s deceased mother was provided with the land as well as the petitioner’s deceased mother had paid some portion of the amount then and there itself (1960s and 1970s). 10. Sri. Lal K. Joseph, with reference to the averments in the writ petition points out that the orders issued in the year 1982 as regards the arrears payable by the deceased was not within the knowledge of the deceased or the petitioner herein. Primafacie, I do not find any reason doubt the said statement, especially since the fact regarding the possession of the petitioner is not in dispute. So, also it is seen that land tax have W.P.(C)No.18677 of 2019 4 2025:KER:30964 been accepted from the petitioner atleast till 2003. 11. In such circumstances, I direct the 1st respondent to consider and pass orders on Ext.P7 and Ext.P8 after hearing the petitioner also, within a period of one month from the date of receipt of a copy of this order.” 3. I have heard Sri.Lal K.Joseph, the learned counsel for the petitioner and Sri.Ashwin Sethumadhavan, the learned Senior Government Pleader. 4. Pursuant to the orders issued by this Court, the Government has passed an order dated 10.03.2025, which is placed on record along with a memo. 5. A reading of the afore order would show that the Government exercised the power available under the proviso to Rule 97 of the Kerala Land Assignment Rules and has condoned the delay in payment of the required amounts by the mother of the petitioner. 6. In the light of the afore, I am of the opinion that this writ petition can be closed, by directing the District Collector, to act on the basis of the order dated 10.03.2025 referred to above, in accordance with law. Needless to say that the District Collector to implement the directions contained in the order dated W.P.(C)No.18677 of 2019 5 2025:KER:30964 10.03.2025, as expeditiously as possible, at any rate, within a period of twelve weeks. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.18677 of 2019 6 2025:KER:30964 APPENDIX OF WP(C) 18677/2019 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE GIFT DEED NO. 3115/1984 OF S.R.O. MANATHAVADI. EXHIBIT P1(A) THE TRUE COPY OF THE GIFT DEED NO. 205/1994 OF S.R.O. MANATHAVADI. EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 18/2/85, 26/8/92 EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO. D3- 13632/2003 DATED 27/11/2003. EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT NO. 6537403 DATED 17/11/2003. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14/3/2012. EXHIBIT P6 TRUE COPY OF THE REPLY DATED 18/12/2015 EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT DATED 2/11/2016 ALONG WITH THE RECEIPT EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 3/7/2019 SENT BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE ON 4/7/2019 BEFORE THE 1ST RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE COPY OF REPORT NO. DCWYD- 9554/2019-L6 DATED 19.05.2023 ISSUED BY THIS RESPONDENT IN COMPLIANCE OF THE ABOVE DIRECTION.