Back
2024 Supreme(Online)(KER) 16000
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945 WP(C) NO. 355 OF 2014 PETITIONER:
M.ANANTHAKRISHNAN, S/O. LATE MURUKANDI, SUVARNAM, VALMUTTIKALAM, CHITTUR, PALAKKAD 678 101.
BY ADVS.PHILIP T.VARGHESE ACHU SUBHA ABRAHAM N.ASWATHY K.R.MONISHA THOMAS T.VARGHESE RESPONDENTS:
1 THE DISTRICT COLLECTOR, PALAKKAD 678 001.
2 THE SUPERINTENDENT OF POLICE, PALAKKAD 678 001.
3 THE DISTRICT REGISTRAR (GENERAL), PALAKKAD 678 001.
4 THE REVENUE DIVISIONAL OFFICER, PALAKKAD 678 001.
5 THE TAHSILDAR,, CHITTUR 678 101.
6 THE ADDITIONAL TAHSILDAR, CHITTUR 678 101.
7 THE VILLAGE OFFICER, CHITTUR 678 101
8 P.M.Y.MANZOOR, S/O. MUHAMMED YOUSEF, XIV/105, VALMUTTY LANE, CHITTUR AMSOM, CHITTUR TALUK 678 101.
9 N.MANIKANDAN, S/O. LATE NARAYANAN, DEVANKAPURAM I, CHITTUR AMSON, CHITTUR TALUK 678 101.
ADDL.R10 THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM IS SUO MOTU IMPLEADED AS ADDL.R10 AS PER ORDER DATED 06.03.2024 BY ADVS.GOVERNMENT PLEADER SRI RIYAL DEVASSY P.R.VENKATESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J. --------------------------------
W.P.(C).No.355 of 2014 ----------------------------------------------
Dated this the 06th day of March, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. a writ of certiorari or such other appropriate writ or direction calling for the records resulting in Exhibit P16 Order scrutinize and quash the same.
ii. Pass such other order, interlocutory or otherwise, which are deemed fit and proper.
(SIC)
2. The impugned order in this case is Ext.P16, which is an order passed by the District Collector, Palakkad. If that be the case, the petitioner can approach the Land Revenue Commissioner against Ext.P16. When this writ petition came up for consideration on 06.1.2014, this Court passed an order to the effect that the proceedings will be subject to the result of this writ petition. If the petitioner challenges the same before the Land Revenue Commissioner, further proceedings based on Ext.P16 will be subject to the result of the decision to be taken by the Land Revenue Commissioner.
Therefore, this writ petition is disposed of with following directions:
1. The petitioner is free to challenge Ext.P16 before the additional 10th respondent, within one month from the date of receipt of a certified copy of this judgment.
2. Once such a representation/proceedings is received, the additional 10th respondent will consider the same and pass appropriate orders in it, after affording an opportunity of hearing to the petitioner and respondents 8 and 9, as expeditiously as possible, at any rate, within three months from the date of receipt of the representation/
proceedings.
3. If the representation/proceedings is submitted by the petitioner as directed above, further proceedings based on Ext.P16 will be subject to the final decision of the Land Revenue Commissioner.
sd/-
P.V.KUNHIKRISHNAN JUDGE
APPENDIX OF WP(C) 355/2014 PETITIONER EXHIBITS EXT.P1 TREU COPY OF THE EXTRACT OF THANDAPER NO.3583 OF CHITTUR VILLAGE DATED NIL EXT.P2 TRUE COPY OF THE SALE DEED NO.491/1972 OF S.R.O,CHITTUR DATED
27.3.1972.
EXT.P3 TRUE COPY OF THE SALE DEED NO.1355/1999 OF S.R.O,CHITTUR DATED
19.5.1999 EXT.P4 TRUE COPY OF THE SALE DEED NO.1763/2005 OF S.R.O,CHITTUR DATED
11.5.2005 EXT.P5 TRUE COPY OF THE SALE DEED NO.1764/2005 OF S.R.O,CHITTUR DATED
11.5.2005.
EXT.P6 TRUE COPY OF THE SALE DEED NO.3046/2005 OF S.R.O,CHITTUR DATED
6/10/2005 EXT.P7 TRUE COPY OF THE SALE DEED NO.5031/2009 OF SRO,CHITTUR DATED
10.8.2009 EXT.P8 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 5.2.2009 EXT.P9 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 5.2.2009 EXT.P10 TRUE COPY OF THE RELINQUISHMENT DECLARATION GIVEN BY THE PETITIONER DATED 30.9.2009.
EXT.P11 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 23.3.2010 EXT.P12 TRUE COPY OF THE REPLY DATED
19.4.2010 ISSUED TO THE PETITIONER.
EXT.P13 TRUE COPY OF THE APPLICATION DATED 10.12.2010 MADE TO THE 5TH RESPONDENT EXT.P14 TRUE COPY OF THE LETTER NO.H2.2011/969/2000 ISSUED BY THE 6TH RESPONDENT DATED 5.3.2011 EXT.P15 TRUE COPY OF POSSISSION CERTIFICATE ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED
10.3.2011 EXT.P16 TRUE COPY OF THE ORDER NO.LRG I-2011/66740/9 DATED 18.12.2013 ISSUED BY THE IST RESPONDENT.
