K K Kalyani vs State Of Kerala

Dr. Kauser Edappagath, J

The petitioner is aggrieved by the non issuance of patta to her, pursuant to Ext.P1 order passed by the Deputy Secretary of the Scheduled Caste/Scheduled Tribe Welfare Development Department.

The petitioner (K.K Kalyani) is a member of Scheduled Caste. In view of the right that her husband had, the petitioner was provided under Ext.P1, 1 Acres of land. However, the brother of K.K Kalyani’s husband challenged the grant by filing Writ Petitions. Ultimately Ext.P8 judgment was passed by the Division Bench of this Court, stating that the claim of the the brother of K.K Kalyani’s husband has no basis at all. Therefore, the challenge against the grant of 1 Acre of land to K.K Kalyani made by the brother of her husband has become final.

The petitioner has approached this Court seeking a direction to respondents 1 to 5 to issue patta in the physical form, after removing all the encroachments from the property, covered by Ext.P1, within a time frame.

The learned Government Pleader submits that since the challenge against the grant has become final, the patta can be issued in favour of the petitioner in accordance with law. The Government Pleader further submits that, it will take three months’ time to complete the process of issuance of patta.

Hence, this Writ Petition is disposed of, with a direction to the competent authority among the respondents to complete the process of issuance of patta and issue the same to the petitioner, removing all the encroachments from the property, within a period of three months from the date of receipt of a copy of this judgment.