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2022 Supreme(Online)(KER) 33548
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 W.P.(C) NO.24884 OF 2020 PE TITIONER:
SUNIL KUMAR, AGED 49 YEARS, S/O.SHANMUGHAN, THANDYEKAL HOUSE, INJAMUDI P.O., THRISSUR DISTRICT-680 504.
BY ADVS.V.A.VINOD SMT.M.S.SHAMLA RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.
2 REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.
3 REVENUE DIVISIONAL OFFICER, CIVIL STATION ANNEXE, IRINJALAKUDA, THRISSUR-680 125.
4 THE TAHSILDAR, MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM, THRISSUR-680 125.
5 THE VILLAGE OFFICER, KARALAM VILLAGE OFFICE, KARALAM, THRISSUR DISTRICT-680 711.
6 THE LOCAL LEVEL MONITORING COMMITTEE, KARALAM GRAMA PANCHAYATH,REPRESENTED BY ITS CONVENER (THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KARALAM, THRISSUR DISTRICT-680 711).
7 KARALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARALAM, THRISSUR-680 711.
R1-R6 SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER ADVS.V.M. KRISHNAKUMAR R7 P.R. REENA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V. KUNHIKRISHNAN, J.
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W.P. (C) No.24884 of 2020 ----------------------------------------- Dated this the 1st day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:-
“a) Issue a writ of certiorari calling for the records leading to Ext.P7 and quash the original of the same.
b) Issue a writ of mandamus or any appropriate writ order or direction, directing the 3rd respondent to consider and pass orders on Ext.P4 application afresh, strictly in accordance with the provisions of Kerala Land Utilisation Order, 1967.
c) grant such other reliefs prayed for from time to time including cost of these proceedings.”
2. The main challenge is against Ext.P7 order passed by the Revenue Divisional Officer. Admittedly, Ext.P7 order is an appealable order as per Clause 11 of the Kerala Land Utilisation order. If that is the case, the petitioner is free to file an appeal against Ext.P7 order so that this Court can direct the appellate authority to consider the appeal within a time frame. Since the petitioner has already approached this Court, the appellate authority will consider the appeal, if the same is filed within the time prescribed by this Court, without insisting about the limiation period.
Therefore, this writ petition is disposed of with the following directions:-
i) The petitioner is free to file an appeal against Ext.P7 order within three weeks from the date of receipt of a copy of this judgment as per Clause 11 of the Kerala Land Utilisation Order.
ii) Once such an appeal is received by the appellate authority, the appellate authority will consider and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of the appeal.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
13.03.2017.
EXHIBIT P2 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX DATED 31.12.2019 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX DATED 31.12.2019 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P2 B TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX DATED 31.12.2019 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED
07.09.2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
31150/2017 DATED 28.09.2017.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 6TH RESPONDENT ATED 12.02.2018.
EXHIBIT P7 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21.04.2018.
