O.V. John vs the State of Kerala

O.V. John vs The State of Kerala

Type Court Judgment Court Kerala Decided Apr 04, 2024

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https://sooperkanoon.com/case/1298042

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Citation: sooperkanoon.com/1298042
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 04, 2024
Case Number: WP(C)/12385/2013

Parties & Advocates

Appellant / Petitioner

O.V. John

Respondent

The State of Kerala

Excerpt

.....27 and may be pleased to issue a writ of certiorari quashing the same.ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to grant patta /assignment on registry concerning the 67 cents of land in sy. 1280 of the wadakkanchery village in the name of the petitioner within stipulated time limits in the interest of justice. and iii) to pass any such or further orders as the petitioner may seek and this hon'ble court deem fitto grant.” sic2. the main challenge in this writ petition isagainst ext.p7 order issued by the district collector. admittedly, ext.p7 order can be challenged before the land revenue commissioner. if that be the case, this writ petition need not be retained here. the petitioner is free to challenge ext.p7 before the land revenue commissioner, if he advised to do so. with the above observation, this writ petition is disposed of. sd/- p.v.kunhikrishnan nvj judge appendix of wp(c) 12385/2013 petitioner exhibits ext.p1 a true copy of the communication of the oversear soil conservation scheme dated nil.ext.p2 a true copy of the rfeceipt issued in the name of the father of the petitioner dated 16-3-74.ext.p3 a true copy of the receipt issued in the name of the father of the petitioner 30-7-73. ext.p4 a true true copy of the receipts issued to the father of the petitioner on different dates. ext.p5 a true copy of the decision of the wadakkancherry panchayath dated 25-10-07. ext.p6 a true copy of the sketch of the property in question dated nil. ext.p7 a true copy of the communication of the second respondent dated 6-9-12. respondents exhibits : nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 PETITIONER: JOHN O V AGED 69 YEARS, S/O. OLAKANKIL VAREED, ATTATHARA, P.O., KUNDANNUR, WADAKKANCHERY, THRISSUR DISTRICT. BY ADVS. SRI.K.V.VISWANATHAN (WADAKANCHERI) SMT.E.S.SANDHYA RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT-680001. 3 THE TAHSILDAR TALUK OFFICE, TALAPPILLY, PIN-680001. 4 THE VILLAGE OFFICER WADAKKANCHERY VILLAGE OFFICER. PIN-680001. BY ADV. SRI. RIYAL DEVASSY, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------------------- W.P.(C) No.12385 of 2013 ---------------------------------------------- Dated this the 04th day of April, 2024

JUDGMENT

The above writ petition is filed with the following prayers: “i) Call for the records leading to Ext 27 and may be pleased to issue a writ of certiorari quashing the same.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to grant Patta /assignment on registry concerning the 67 cents of land in Sy. 1280 of the Wadakkanchery village in the name of the petitioner within stipulated time limits in the interest of justice. AND iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit

to grant.” SIC

2. The main challenge in this writ petition is

against Ext.P7 order issued by the District Collector. Admittedly, Ext.P7 order can be challenged before the Land Revenue Commissioner. If that be the case, this Writ Petition need not be retained here. The petitioner is free to challenge Ext.P7 before the Land Revenue Commissioner, if he advised to do so. With the above observation, this Writ Petition is disposed of. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 12385/2013 PETITIONER EXHIBITS EXT.P1 A TRUE COPY OF THE COMMUNICATION OF THE OVERSEAR SOIL CONSERVATION SCHEME DATED NIL.

EXT.P2 A TRUE COPY OF THE RFECEIPT ISSUED IN THE NAME OF THE FATHER OF THE PETITIONER DATED 16-3-74.

EXT.P3 A TRUE COPY OF THE RECEIPT ISSUED IN THE NAME OF THE FATHER OF THE PETITIONER 30-7-73. EXT.P4 A TRUE TRUE COPY OF THE RECEIPTS ISSUED TO THE FATHER OF THE PETITIONER ON DIFFERENT DATES. EXT.P5 A TRUE COPY OF THE DECISION OF THE WADAKKANCHERRY PANCHAYATH DATED 25-10-07. EXT.P6 A TRUE COPY OF THE SKETCH OF THE PROPERTY IN QUESTION DATED NIL. EXT.P7 A TRUE COPY OF THE COMMUNICATION OF THE SECOND RESPONDENT DATED 6-9-12. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2024 Same Parties O.V. John vs The State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan