IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 26^TH DAY OF JUNE 2024 / 5TH ASHADHA, 1946 WP(C) NO. 28045 OF 2018 PETITIONER:

THOMAS T KEEPURAM, S/O.THOMAS, AGED 68 YEARS VICE PRESIDENT, UZHAVOOR BLOCK PANCHAYATH, KOHZA P.O., KOTTAYAM, PIN - 686633 BY ADVS.

CHARLES K.C.

RENJU A.T.

RESPONDENTS:

1 REVENUE DIVISIONAL OFFICER PALA, KOTTAYAM, KOTTAYAM, PIN - 686575

2 UZHAVOOR BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOZHA P.O, PIN - 686633

3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPT. OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 685001

4 ADDL.R4 SHINY BINOY W/O BINOY JOHN, AGED 41 YEARS, RESIDING AT OLEDATHU HOUSE, KURIANANDU P.O., KOTTAYAM-686636.

(ADDL.R4 IS IMPLEADED AS PER ORDER DATED

11/10/2018 IN IA.01/2018)

BY ADVS.

M. ASHOK KINI R. LAKSHMI NARAYAN SMT.R.RANJANIE SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 28045 of 2018 ------------------------------------------------------

Dated this the 26th day of June, 2024

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(a) Pass a writ of Mandamas or any other appropriate writ or order directing the 1^st respondent to dispose of Exhibit P6 within such time as may be fixed by this Honorable Court.

(b) Direct the 1^st respondent to change the land records in accordance with Exhibit P2.

(c) Direct respondents 1 and 2 to take necessary steps and actions for preventing trespass upon Ext. P2 by strangers.

(d) Grant such other reliefs or may be prayed for by the petitioner and which this Hon'ble Court deems fit and proper during the course of the proceedings.”[SIC]

2. Petitioner is the Vice President of the 2^nd respondent Uzhavoor Block Panchayath and he is a resident of Kadaplamattom Grama Panchayath in the said Block Panchayath is the submission. As per Ext.P2 Relinquishment Deed, 10 cents of land was relinquished by its owner to the Government for construction of a Homeo Hospital in the name of his brother is the submission. Ext.P2 was accepted and acted upon, and with the funds allotted by the Government certain constructions were made by the Block Panchayath for Homeo Hospital is the further submission. But the revenue records have not been corrected and changed on the basis of Ext.P2 and the 1^st respondent refused to effect mutation on the basis of Ext.P2 on the ground that several years passed since Ext.P2, is the further submission. According to the petitioner, there is no period of limitation for changing the mutation pursuant to Ext.P2 relinquishment deed as per the Kerala Land Relinquishment Act. Hence the Block Panchayat submitted Ext.P6 review petition before the 1^st respondent. The grievance of the petitioner is that, no action is taken in Ext.P6. Hence this writ petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. The main prayer in this writ petition is to consider Ext.P6 by the 1^st respondent. After hearing the petitioner and the Government Pleader, I think there can be a direction to the 1^st respondent to consider Ext.P6 with notice to the petitioner and the 4^th respondent.

Therefore, this Writ petition is disposed of in the following manner:

1. The 1^st respondent is directed to consider and pass appropriate orders in Ext.P6, if it is received and pending as on today, after giving an opportunity of hearing to the petitioner and the 4^th respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.

2. Petitioner will produce a certified copy of this judgment along with a copy of this writ petition with exhibits before the 1^st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 28045/2018 PETITIONER EXHIBITS EXHIBIT P1 DOCUMENT NO. 3747/1124 DATED 21ST MEDAM, 1