Devaki vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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Citation: sooperkanoon.com/1763060
Court: Kerala High Court
Judge: Honourable Mr. Justice Alexander Thomas
Decided On: Mar 23, 2020
Case Number: WP(C)/9079/2020

Parties & Advocates

Appellant / Petitioner

Devaki

Respondent

State of Kerala

Excerpt

.....by ext.p1 proceedings issued by the 3 rdrespondent tahsildar in forum no.13, under the kerala survey and boundaries rules, the petitioners have preferred ext.p2 appeal before the 4th respondent district survey superintendent.4. taking note of the facts and circumstances, it is ordered thatthe 4th respondent district survey superintendent will take up for consideration the matters raised by the petitioners in ext.p2 appeal and after affording reasonable opportunity of being heard to the petitioners and after following the requisite procedure and if necessary after conducting fresh survey and measurement by survey official of the 4th respondent but with prior notice to the petitioner and after ensuring that copy of the said survey report and survey sketch is given to the petitioner in advance. thereafter the 3 rd respondent after affording reasonable opportunity of being heard to the petitioner as well as the 2nd respondent mullurkkara grama panchayat, would render a considered decision on the matters raised in ext.p2 appeal, without much delay preferably within a period of three months from the date of production of the certified copy of this judgment. until orders are passed by the 4th respondent finally disposing of ext.p2 appeal, further coercive steps in pursuance of exts.p3 and p3(a) issued by the 2nd respondent panchayat shall be kept in abeyance.5. it is made clear that exts.p3 and p3(a) proceedings issuedby the 2nd respondent panchayat will be subject to the final result to be rendered by the 4th respondent appellate authority in ext.p2 appeal. all other issues are left open to be raised in appropriate proceedings in the manner known to law.6. it is also made clear that if the matters in relation to exts.p3and p3(a) are not fully dependent on the matters in ext.p1, it is for the petitioners to take recourse to other appropriate remedies in the manner known to law in relation to his grievances if any, in respect of exts.p3 and p3(a), after the final.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9079 OF 2020(H) PETITIONERS: 1 DEVAKI AGED 76 YEARS D/O. LAKSHIAMMA, MADAPARAMBATHU, MADATHILPARAMBIL, 2 JANAKI AGED 71 YEARS D/O. LAKSHIAMMA, MADAPARAMBATHU, MADATHILPARAMBIL, 3 SAROJINI AGED 66 YEARS D/O. LAKSHIAMMA, MADAPARAMBATHU, MADATHILPARAMBIL,
4 GIREEH KUMAR AGED 47 YEARS S/O. CHANDRAN, PLACKAL HOUSE, MULLURKKARA VILLAGE, AATOOR P O, THRISSUR-680583. BY ADVS. SRI.M.R.NANDAKUMAR SRI.P.SETHUMADHAVAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 MULLURKKARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, 3 THE THASILDAR(LR) THALAPPILLI, THRISSUR-680582. 4 DISTRICT SURVEY SUPERINTENDENT, SURVEY AND LAND RECORDS, CIVIL STATION, COLLECTORATE, AYYANTHOLE PO, THRISSUR-680003. BY ADVS. SRI.JESTIN MATHEW, GOVT.PLEADER-R1, R3 AND R4. SRI.T.RAJASEKHARAN NAIR, SC-R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
------------------------------------ ------------------------------------ Dated this the 23rd day of March, 2020

JUDGMENT

The prayers in the above writ petition (C) are as follows:

1. Call for the records leading up to Exhibits P1,P3 and P3(a) issued by 2nd respondent and issue a writ of certiorari or other appropriate writ or direction to quash the same.

2. Issue a writ of nature of mandamus or other appropriate

writ, order or direction directing the 2nd respondent to consider the objection Exhibit P4 and P4(a) of the petitioner after affording a opportunity of being heard.

3. Issue a writ of mandamus or other appropriate writ or direction directing the respondents not to proceed with Exhibit P3 and P3(a).

4. Grant any other further or consequential reliefs, as may be prayed for and deemed fit by this Honourable Court.

2. Heard Sri.M.R.Nandakumar, learned counsel appearing for

the petitioners, Sri.Justine Mathew, learned Government Pleader appearing for the respondent Nos.1, 3 and 4 and Sri.T.Rajashekharan Nair, learned counsel appearing for R2.

3. Being aggrieved by Ext.P1 proceedings issued by the 3 rd

respondent Tahsildar in forum No.13, under the Kerala Survey and Boundaries Rules, the petitioners have preferred Ext.P2 appeal before the 4th respondent District Survey Superintendent.

4. Taking note of the facts and circumstances, it is ordered that

the 4th respondent District Survey Superintendent will take up for consideration the matters raised by the petitioners in Ext.P2 appeal and after affording reasonable opportunity of being heard to the petitioners and after following the requisite procedure and if necessary after conducting fresh survey and measurement by survey official of the 4th respondent but with prior notice to the petitioner and after ensuring that copy of the said survey report and survey sketch is given to the petitioner in advance. Thereafter the 3 rd respondent after affording reasonable opportunity of being heard to the petitioner as well as the 2nd respondent Mullurkkara Grama Panchayat, would render a considered decision on the matters raised in Ext.P2 appeal, without much delay preferably within a period of three months from the date of production of the certified copy of this judgment. Until orders are passed by the 4th respondent finally disposing of Ext.P2 appeal, further coercive steps in pursuance of Exts.P3 and P3(a) issued by the 2nd respondent Panchayat shall be kept in abeyance.

5. It is made clear that Exts.P3 and P3(a) proceedings issued

by the 2nd respondent Panchayat will be subject to the final result to be rendered by the 4th respondent appellate authority in Ext.P2 appeal. All other issues are left open to be raised in appropriate proceedings in the manner known to law.

6. It is also made clear that if the matters in relation to Exts.P3

and P3(a) are not fully dependent on the matters in Ext.P1, it is for the petitioners to take recourse to other appropriate remedies in the manner known to law in relation to his grievances if any, in respect of Exts.P3 and P3(a), after the final disposal of Ext.P2 appeal. With these observations and directions the above Writ Petition (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE KAS APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION IN FORUM NO.13 DATED 03.10.2019 FROM THE 3RD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE APPEAL FILED BY THE 1ST TO 3RD PETITIONERS AGAINST EXHIBIT P1 DATED 16.03.2020. EXHIBIT P3 A TRUE COPY OF THE NOTICE NO.B4-5456/19 DATED 05.03.2020 ISSUED TO THE PETITIONERS 1 TO 3. EXHIBIT P3(a) A TRUE COPY OF THE NOTICE B4-5456/19 DATED 05.03.2020 ISSUED TO THE 4TH PETITIONER. EXHIBIT P4 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST TO 3RD PETITIONERS DATED 16.03.2020. EXHIBIT P4(a) A TRUE COPY OF THE OBJECTION SUBMITTED BY THE 4TH PETITIONER DATED 16.03.2020. RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2020 Same Parties Devaki vs State of Kerala Same Judge Honourable Mr. Justice Alexander Thomas