IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE31T DAY OF JANUARY201411TH MAGHA, 1935 WP(C).No.1873 of 2014 (H) --------------------------- PETITIONER: ---------- MAJOR BABU THOMAS(RETIRED), AGED65YEARS, S/O.K.G.VARGHESE, KOILPARAMBIL, GOOD SHEPHERD'S BUNGALOW, ARTHINKAL P.O., CHERTHALA, ALAPUZHA-688530. BY ADVS.SRI.P.K.GEORGE SMT.SMITHA GEORGE RESPONDENTS: ----------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR, ALAPPUZHA, CIVIL STATION-688007.
3. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA-688001.
4. THE TAHSILDAR, CHERTHALA, CHERTHALA P.O.-688524.
5. THE VILLAGE OFFICER, CHERTHALA SOUTH-688552.
6. ST.ANDREWS FORANE CHURCH, REPRESENTED BY ITS VICAR, ST.ANDREWS FORANE CHURCH ARTHINKAL P.O., CHERTHALA, ALAPUZHA-688530. WP(C).No.1873 of 2014 (H) -2- *ADDL.R7.DISTRICT POLICE CHIEF, ALAPPUZHA. *ADDL.R8.SUB INSPECTOR OF POLICE, ARTHINKAL POLICE STATION, ARTHINKAL P.O., CHERTHALA, ALAPPUZHA-688530. (ADDL.R6 AND R7 ARE IMPLEADED AS PER ORDER
DATED3101.2014) R6 BY ADV. SRI.M.K.PRADEEPKUMAR BY SENIOR GOVERNMENT PLEADER, SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON3101-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1873 of 2014 (H) APPENDIX PETITIONER'S EXHIBITS --------------------- EXT.P1: TRUE COPY OF THE JUDGMENT
IN O.S.NO.892/2007. EXT.P2: TRUE COPY OF THE DECREE IN O.S.NO.892/2007. EXT.P3: TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT ALONG WITH SKETCH IN O.S.892/2007. EXT.P4: TRUE COPY OF THE APPLICATION FOR RELINQUISHING LAND. EXT.P5: TRUE COPY OF THE PROCEEDINGS OF THE RDO DATED267.13. EXT.P6: TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER. EXT.P7: TRUE COPY OF THE NOTICE DATED2011.13. EXT.P8: TRUE COPY OF THE COMMUNICATION DATED0312.2013. EXT.P9: TRUE COPY OF THE APPEAL NO.C8.59871/2013. EXT.P10:TRUE COPY OF THE ORDER
IN I.A.NO.2753/2013 IN O.S.NO.892/2007. RESPONDENTS' EXHIBITS: --------------------- EXT.R6(A) : TRUE COPY OF THE LETTER DATED2601.2014 OF THE DISTRICT POLICE CHIEF, ALAPPUZHA. EXT.R6(B) : TRUE COPY OF THE JUDGMENT
DATED0508.2013 IN W.P.(C) NO.16421/2013(C). /TRUE COPY/ P.S.TO JUDGE. ln A.MUHAMED MUSTAQUE, J.
~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C)No.1873 of 2014 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of January, 2014 JUDGMENT
This writ petition is filed seeking a relief against the second respondent to consider and pass orders on Ext.P9 appeal filed by the petitioner before the second respondent.
2. Heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for the sixth respondent.
3. In the proceedings under the Kerala Land Relinquishment Act, 1958 (for short, the 'Act'), as reflected in Ext.P5 proceedings, an extent of 14.17 Ares of land comprised in Block-29, Re-survey No.49/9 of Cherthala South Village, Cherthala Taluk has been surrendered by the sixth respondent to the Government for the purpose of establishment of Arthungal Police Station. The relinquishment has been accepted as per Ext.P5 by the third W.P.(C).No.1873/2014 -:2:- respondent. The petitioner, a neighbouring resident, who claims to have a right of access through the said property, filed Ext.P9 appeal aggrieved by Ext.P5 in terms of Section 4 of the Act. According to the petitioner, he is aggrieved since the right of access will be affected by such relinquishment. The petitioner also sought an interim relief against operation of Ext.P5.
4. Ext.P9 is a statutory appeal and the second respondent is the authority to decide on such appeals. The second respondent is directed to consider and pass appropriate orders on Ext.P9, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this Judgment. In the proceedings to be taken as Ext.P9, petitioner shall take steps to implead necessary parties, before final disposal of the appeal. The second respondent will hear all the parties before passing orders on Ext.P9. W.P.(C).No.1873/2014 -:3:- 5. The petitioner has also sought a stay of operation of Ext.P5 in Ext.P9 appeal before the second respondent. The second respondent shall consider the request for stay within a period of ten days from the date of receipt of a copy of this Judgment. Till then, the operation of Ext.P5 shall be kept in abeyance. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms