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2024 Supreme(Online)(KER) 4535

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SARIKA GIREESH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 6702/2024



Advocates:
K.A.MANZOOR ALI, SMT DEVI SHRI R

The court's decision emphasized the importance of considering and passing appropriate orders in response to the Revision petition, and maintaining status quo regarding the property until final orders are passed.

Headnote:

Writ Petition - Property Dispute - The court directed the 1st respondent to consider and pass appropriate orders in Ext.P13 after giving an opportunity of hearing the petitioners, and maintained status quo regarding the property until final orders are passed in Ext.P13.

Fact of the Case:

The main challenge in the writ petition is against Ext.P10 order. A Revision petition is filed against Ext.P10 as evident by Ext.P13. The court directed the 1st respondent to consider Ext.P13 Revision Petition within a time frame and maintained status quo regarding the property until final orders are passed.

Finding of the Court:

The court disposed of the writ petition with directions for the 1st respondent to consider and pass appropriate orders in Ext.P13 after giving an opportunity of hearing the petitioners, and maintained status quo regarding the property until final orders are passed in Ext.P13.

Issues: The main challenge in the writ petition is against Ext.P10 order. The court considered the Revision petition filed against Ext.P10 and directed the 1st respondent to consider Ext.P13 Revision Petition within a time frame.

Ratio Decidendi: The court's decision was based on the need to consider and pass appropriate orders in Ext.P13 after giving an opportunity of hearing the petitioners, and to maintain status quo regarding the property until final orders are passed in Ext.P13.

Final Decision: The court directed the 1st respondent to consider and pass appropriate orders in Ext.P13 after giving an opportunity of hearing the petitioners, and maintained status quo regarding the property until final orders are passed in Ext.P13.

JUDGMENT

The writ petition is filed for the following prayers:-

“i) Issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P4 and P5 to quash the same in the interest of justice.

ii) to issue a writ of mandamus directing the 3rd respondent to reconsider the Exr.P2 Form 5 application in the light of Ext.P12 KSRSEC report in the interest of justice. iii) to issue a writ of mandamus directing the 5th respondent Revenue Divisional Officer to consider Ext.P8 Form 5 application filed by the petitioner as expeditiously as possible after considering Ext.p12 KSREC Report in the interest of justice.

iv) issue a writ of certiorai or any other appropriate writ, directing or order calling for the records leading to Ext.P10 and to quash the same in the interest of justice.

v) to issue a writ of mandamus directing the 2nd respondent to reconsider the Ext.P10 order in the light of Ext.P12 KSREC report in the interest of justice.

vi) Issue a writ of certiorai to quash Ext.P10 order passed by the 2nd respondent in an illegal manner in the interest of justice.

vii) issue a writ of mandamus or any other appropriate order directing the 1st respondent to consider Ext.P13 Revision petition and to finalise the same only on the basis of the decision of Ext.P8 application to be taken by the 3rd respondent.

viii) to issue a writ of mandamus or any other writ order or direction directing the 2nd respondent to keep in abeyance all coercive steps on the basis of Ext.P10 till the disposal either Ext.P2 or of Ext.P8 Form 5 application and P13 Revision in the interest of justice.

ix) to dispense with filing of English translation of vernacular documents produced along with the Writ petition.

x) issue any writ or order or directing on this Hon’ble Court may deem fit in the case of the proceedings.

2. The main challenge in this writ petition is against Ext.P10 order. Admittedly, a Revision petition is filed against Ext.P10 as evident by Ext.P13. In that case, I am of the considered opinion that, this writ petition need not be retained here. There will be a direction to consider Ext.P13 Revision Petition by the 1st respondent within a time frame and till then, the operation on Ext.P10 can be kept in abeyance and the status quo can be maintained. Therefore, this writ petition is disposed of, with the following directions.

(i) The 1st respondent is directed to consider and pass appropriate orders in Ext.P13 after giving an opportunity of hearing the petitioners, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment.

(ii) Till final orders are passed in Ext.P13, status quo regarding the property shall be maintained.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SRJ APPENDIX OF WP(C) 6702/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED

13.09.2023 ISSUED FROM VILLAGE OFFICE KARIKKAD.

Exhibit P1(a) TRUE COPY OF THE SURVEY SKETCH RELATING TO THE PROPERTY OF THE PETITIONERS.

Exhibit P1(b) PHOTOGRAPHS SHOWING THE LYE AND NATURE OF THE PROPERTY OF THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE APPLICATION NUMBERED AS B3-17320/21 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE STOP MEMO DATED

25.11.2022 ISSUED TO THE PETITIONERS BY THE 4TH RESPONDENT.

Exhibit P4 TURE COPY OF THE ORDER NO.B317320/2021/EC DATED 08.11.2022 PASSED BY 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED

06.11.2023 PASSED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL DATA BANK RELATING TO THE KARIKKODE VILLAGE.

Exhibit P7 TRUE COPY OF THE EXPLANATION DATED NIL SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE FORM 5 APPLICATION DATED 02.10.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE APPLICATION DATED

26.10.2023 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT.

Exhibit 9(a) TRUE COPY OF THE INFORMATION DATED

20.11.2023 SUPPLIED BY THE 5TH RESPONDENT TO EXT.P

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