DATE OF FILING : 22.3.2016

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of January, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.101/2016

Between

Complainant : Elikkutty Pathrose,

Vallikkavumkal House,

Thadiyampadu,

Idukki.

(By Adv: Lissy M.M.)

And

Opposite Parties : 1. State of Kerala

Represented by

The District Collector, idukki,

Painavu P.O., Idukki.

2. The Special Tahsildar, LA,

Idukki.

3. The Tahsildar,

Idukki Taluk,

Idukki Colony P.O.,

Vazhathoppe, Idukki.

4. The Tahsildar,

Thodupuzha Taluk,

Thodupuzha P.O.,

Idukki.

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

Case of the complainant is that,

Complainant is in possession and enjoyment of 60 cents of landed property comprised in Survey No.161/1 of Idukki Village. In the year 1996 complainant applied for patta for the above said property. Her application was considered by the opposite parties and after due verification, the revenue authorities registered a LA case as No.AP 52/96. On 21.12.2000, 2^nd opposite party issued an order of assignment in the name of the complainant as per this order, the complainant remitted

(cont....2)

- 2 -

required fees on 22.1.2001 at Sub Treasury, Painavu as land value. Thereafter the 2^nd opposite party prepared a location sketch and mahazar of the property. However, the patta was not issued to the complainant.

The complainant further alleged that against the non-issuance of the patta, the complainant approached opposite parties 1 to 4 so many times and filed numerous applications. On 13.10.2015, 1^st opposite party has given a reply stating that related LA file is misplaced and hence they are not in a position to issue patta in her favour. Hence she approached this Forum alleging deficiency in service against opposite parties 1 to 4 and filed this complaint for directing the opposite parties to issue patta in her favour without any default and also to direct them to pay an amount of ₹20000 as compensation and ₹5000 as cost.

On notice, opposite parties entered appearance and filed detailed written version. In their version, opposite parties admitted the fact that the complainant is the owner of 60 cents of landed property and they registered her case as AP 52/96 and issued assignment order on 21.12.2000. Opposite parties further averred that Idukki Taluk was constituted only on 22.2.2014 and the proceedings in this was carried out by Thodupuzha Taluk authorities and 2^nd and 3^rd opposite parties issued detailed letter to 4^th opposite party for further follow up. But 4^th opposite party replied that this file is misplaced and they are trying to trace it out. Moreover, on inspection of file No.II of the year 2001, they found that there is a direction to assign an extend of 24.28 hectors of property are as LA 6/01 (AP 52/96) to one Elikkutty Pathrose, Vallikkavunkal, Idukki. But at the column No.20 of same file, it is written as this patta is not approved and in 15^th and 16 columns of this file, it is also recorded as complainant remitted an amount of ₹1165 through challan No.674 and 675. It is also seen that all the patta issued from the Village Office, Idukki in the year 2001 are fake and hence all the related files are in the custody of vigilance. Opposite parties further contended that they got proper direction from the 4^th opposite party that under this circumstance, after conducting further survey and can issue patta based on relevant rules, and intimated this matter to the District Collector. For further proceedings in this matter, 1^st opposite party directed other opposite parties to instruct the complainant to file fresh application. As per their direction, complainant

(cont....3)

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filed fresh application also. Unfortunately, as per order No.54866/A2/2015/RD of Revenue Principal Secretary, as per joint verification list of the landed properties which is situated in Vazhathoppe and Maniyarankudy area of Idukki Village, the patta can be issued as per the Special Rules 1993 (Regularisation of Occupation of Forest Lands to 1.1.1977). Hence the complainant can approach the 2^nd opposite party only on getting notification from the Government.

No oral evidence adduced by the complainant and Exts.P1(series) to Exts.P3(series) marked. Ext.P1(series) are the copy of land assignment order copy and sketch and copy of challan. Ext.P2 is the copy of letter issued by 3^rd opposite party to 4^th opposite party. Ext.P3(series) are the copy of petitions and replies.

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

The POINT :- We have heard the counsels for both sides and have gone carefully through the records and submissions of both parties.

By perusing documents and written version, it is came to know that the pleadings in the complaint is genuine and it is admitted by opposite parties. But opposite parties are not in a position to issue patta and they are waiting for notification from the Government for issuing patta.

The Forum is of a considered view that this is a lame excuse from the part of opposite parties, since they all are aware that the case of the complainant is bonafide and from 2001 onwards she is approaching them and struggling for issuing patta for her landed property, after complying all the directions of the revenue authorities. Missing of an important file from the custody of a concerned authority is not an excuse in this case. It is an unscrupulous act of the concerned authorities and it is sheer negligence and dereliction of duty.

The non-issuance of patta after receiving required fees is warranting deficiency in service from the part of opposite parties and the complainant

(cont....4)

- 4 -

is entitled to get compensation from opposite parties for the mental agony and stress which she was suffered from the year 2001 onwards. Since the pleadings of the complainant are admitted by the opposite parties, there is no need to go deep into the merits of the case.

Hence the petition allowed. The Forum directs the opposite parties 2 to 4 to issue patta to the complainant's property mentioned in Ext.P1, within 3 months from the receipt of a copy of this order, failing which the opposite parties 2 to 4 shall jointly pay ₹1000 per day to the complainant as compensation.

Pronounced in the Open Forum on this the 31^st day of January, 2017

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SRI. BENNY. K. (MEMBER)

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1(series) - Ext.P1(series) are the copy of land assignment order copy

and sketch and copy of challan.

Ext.P2 - Copy of letter issued by 3^rd opposite party to 4^th opposite party.

Ext.P3(series) - Copy of petitions and replies.

On the side of the Opposite Party :

Nil.

Forwarded by Order,

SENIOR SUPERINTENDENT