Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 WP(C) NO. 7424 OF 2022 PETITIONER: S. RAJENDRAN AGED 58 YEARS SON OF S.SHANMUGHAVAL, AGED 58 YEARS, 492-10, IKKA BHAVAN, KDH VILLAGE, MUNNAR POST, IDUKKI DISTRICT, PIN - 685612 BY ADV P.K.RAVISANKAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ERNAKULAM, PIN - 695001 2 COMMISSIONER FOR LAND REVENUE PUBLIC OFFICE COMPOUND, MUSEUM JUNCTION, THIRUVANANTHAPURAM, PIN - 695033
3 DISTRICT COLLECTOR IDUKKI DISTRICT, IDUKKI, PIN - 685603 4 SUB COLLECTOR, (REVENUE DIVISIONAL OFFICER) DEVIKULAM, IDUKKI DISTRICT, PIN - 686513. 5 TAHSILDAR TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN - 685613 BY ADV GOVERNMENT PLEADER WP(C) NO. 7424 OF 2022 2 OTHER PRESENT: SMT.MABLE.C.KURIAN.SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7424 OF 2022 3
JUDGMENT
The petitioner says that he had already preferred Ext.P10 statutory Appeal before the 4th respondent, but that even while it is pending, Ext.P11 has been issued against him under the provisions of the Kerala Land Conservancy Act.
2. Shri.P.K.Ravi Sankar, learned counsel for the petitioner, therefore, prays that 4th respondent be directed to take up Ext.P10 Appeal and dispose it of; and that until such time, Ext.P11 be interdicted.
3. The learned Senior Government Pleader -
Smt.Mable C.Kurian, submitted that even if Ext.P10 Appeal is pending, there is a question as to whether it is maintainable and therefore, requested that this Court allow such aspects also to be considered by the 4th respondent. She further prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the competent Authority, in terms of law.
Taking note of the afore submissions, I order
WP(C) NO. 7424 OF 2022 4 this writ petition and direct the 4 th respondent to take up Ext.P10 Appeal and dispose it of, after affording an opportunity of being heard to the
petitioner; thus culminating in an appropriate order
and necessary action thereon, as expeditiously as is possible. Needless to say, until such time as the afore
exercise is completed and the resultant order
communicated to the petitioner, all action pursuant to Ext.P11 shall stand deferred and both sides will maintain status quo with respect to the property in question. It also goes without saying that every legal aspect, including the maintainability of Ext.P10, is left open to be decided by the 4th respondent appropriately; clarifying that this Court has not entered into its merits in any manner in this
judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE MC/31.3 WP(C) NO. 7424 OF 2022 5 APPENDIX OF WP(C) 7424/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF ASSIGNMENT DATED 21-6-2001 ISSUED BY THE 5TH Exhibit P2 TRUE COPY OF THE PATTA NUMBER 32 OF 2001 DATED 5-12-2001 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE REQUEST DATED 5-6-2009 SUBMITTED BY THE PETITIONER TO THE 3RD Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 28-10- 2010 IN WP(C) NO. 30507 OF 2010 OF THIS HONOURABLE COURT Exhibit P5 TRUE COPY OF THE ORDER NO. C4-45257/2010 DATED 29-10-2011 ISSUED BY THE 3RD Exhibit P6 TRUE COPY OF THE ORDER NUMBER LR.J3- RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE CIRCULAR NO. 35735/A2/2015/REVENUE DATED 30-10-2017 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 20-2-2020 IN WP (C) NO. 7296 OF 2015 OF THIS HONOURABLE COURT Exhibit P9 TRUE COPY OF THE ORDER NO. B1-10716/2018 DATED 8-1-2021 ISSUED BY THE 5TH Exhibit P10 TRUE COPY OF THE APPEAL DATED 26-2-2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P11 TRUE COPY OF THE NOTICE NO. C1-6292/2021- LC16/2021 DATED 11-2-2022 ISSUED BY THE 5TH RESPONDENT