IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
W.P.(C) No.27770 OF 2020(U)
PETITIONER/S:
1 KRISHNA MOORTHY M
S/O. LATE MARIMUTHU NAIKAR, SOORYACHIRA, PUDUSSERY
POST, PALAKKAD - 678623.
2 SARASWATHY
W/O. LATE RAMACHANDRAN, SOORYACHIRA, PUDUSSERY POST,
PALAKKAD - 678623.
3 VENUGOPALAN
S/O. LATE MARIMUTHU NAIKAR, SOORYACHIRA, PUDUSSERY
POST, PALAKKAD - 678623.
BY ADVS.
SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P
SRI.JOPHY POTHEN KANDANKARY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, PALAKKAD - 678001.
2 THE REVENUE DIVISIONAL OFFICER,
PALAKKAD - 678001.
3 THE ADDITIONAL TAHSILDAR,
PALAKKAD - 678001.
4 THE VILLAGE OFFICER,
PUDUSSERY WEST VILLAGE, PUDUSSERY POST, PALAKKAD -
678623.
OTHER PRESENT:
SMT A.C.VIDHYA- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.27770 OF 2020(U)
2
JUDGMENT
The petitioners are stated to be owners in possession of properties comprised in Survey No.371E13 (9.8 cents), Survey No.371E11 (20 cents) and Survey No.371E14 (16 cents) of Pudussery West Village, respectively, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding 2nd respondent Revenue Divisional Officer to consider and pass appropriate orders on Exts.P11, P12 and P13 appeals filed against Exts.P8, P9 and P10 orders of the 3 rd respondent Additional Tahsildar, Palakkad, within a time limit to be fixed by this Court.
2. On 15.12.2020, when this writ petition came up for admission, the learned Government Pleader took notice before admission for respondents 1 and 4 and sought time to get instructions.
3. Heard the learned counsel for the petitioners and also the learned Government Pleader for the respondents.
4. Section 16 of the Kerala Land Conservancy Act, 1957, which read thus;
"16. Appeal and revision.--(1) Any person aggrieved by any decision or order under this act of any officer W.P.(C) No.27770 OF 2020(U) 3 authorised under section 15 may appeal -
a) where such officer is the Revenue Divisional Officer, to the collector :
Provided that no such appeal shall lie in any case where the order is passed by the Revenue divisional Officer on appeal under clause (b); and
b) in all other cases , to the Revenue Divisional Officer, and the Collector or the Revenue Divisional Officer, as the case may be, may pass such order on the appeal as he thinks fit, The Collector may either suo motu or on application revise any decision made or order passed under this Act by any officer authorised under section 15:. Provided that where such officer is the Revenue Divisional Officer,the Collector shall not on application revice any decision made or order passed otherwise than an appeal; provided further that the Collector shall not revise any decision or order if an appeal against such decision or order is spending or if the time for preferring an appeal if any,against such decision or order has not expired .
Any person aggrieved by any decision or order of the Collector under this act (otherwise than on appeal or revision) may appeal to the Board of Revenue,and the Board of Revenue may pass such order on the appeal as the things fit .
The Board of Revenue may either "suo motu" or on application revice any order passed by the Collector on appeal.
Government may The Board of Revenue may either "suo motu" or on application revice any order passed by the Board of Revenue on appeal.
W.P.(C) No.27770 OF 2020(U) 4 No order shall be passed under sub section (1)or sub section (2) or sub section (3) or sub section (4) or sub section (5) without giving the party who may be affected there by an opportunity of being heard. Pending disposal of any appeal or revision under this Act, the appellate authority or the revising authority, as the case may be, may suspend the execution of the decision or order appealed against or sought to be revised."
5. Exts.P8, P9 and P10 orders issued by 3rd respondent Additional Tahsildar are appealable before the 2nd respondent Revenue Divisional Officer, under Section 16 of the Kerala Land Conservancy Act, 1957. Exts.P11 to P13 appeals are wrongly filed before the 1st respondent District Collector, which have already been numbered as Appeal Nos.8849 of 2013, 8830 of 2013, and 8850 of 2013.
6. Having considered the submission made by the learned counsel on both sides, this writ petition is disposed of with the following directions;
(i) The 1st respondent District Collector shall transmit Exts.P11 to P13 appeals filed by the petitioners against Exts.P8 to P10 orders of the 3 rd respondent Additional Tahsildar to the 2nd respondent Revenue Divisional Officer, who is the appellate authority, within a period of two weeks from the date of receipt of a certified copy of the judgment.
(ii) Thereafter, the 2nd respondent shall consider those W.P.(C) No.27770 OF 2020(U) 5 appeals and pass appropriate orders thereon, with a notice to the petitioners and after affording them an opportunity of being heard, as expeditiously as possible, at any rate within a further period of two months.
No order as to costs.
Sd/-
ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.27770 OF 2020(U) 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEED NO.369/90 OF SRO, PALAKKAD.
EXHIBIT P2 TRUE COPY OF THE WILL NO. 190/1993 OF SRO, PALAKKAD.
EXHIBIT P3 TRUE COPY OF THE PURCHASE CERTIFICATE DATED 21.04.1995 ISSUED TO THE PETITIONER NO.1.
EXHIBIT P4 TRUE COPY OF THE PURCHASE CERTIFICATE DATED 21.04.1995 ISSUED TO THE LATE RAMACHANDRAN.
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01.10.2013 ISSUED TO THE FIRST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03.10.2013 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.10.2013 ISSUED TO THE 3RD PETITIONER.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 20.11.2013 ADDRESSING THE FIRST PETITIONER.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 20.11.2013 ADDRESSING THE 2ND PETITIONER.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.11.2013 ADDRESSING THE 3RD PETITIONER.
EXHIBIT P11 TRUE COPY OF THE APPEAL NO. 8849/2013 SUBMITTED BY THE FIRST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE APPEAL NO.8830/2013 SUBMITTED BY THE FIRST PETITIONER.
EXHIBIT P13 TRUE COPY OF THE APPEAL NO.8850/2013 SUBMITTED BY THE FIRST PETITIONER.
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 20.12.2013 MADE BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT.
W.P.(C) No.27770 OF 2020(U) 7 EXHIBIT P15 TRUE COPY OF THE REPLY DATED 05.11.2020 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P16 TRUE COPY OF THE APPLICATION DATED 08-
10-2020 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 2ND PETITIONER.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 26-03-
2015 PASSED IN OS NO.652/2013 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, PALAKKAD.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 12-08-
2000 PASSED IN AS NO.116/2015 ON THE FILE OF DISTRICT COURT, PALAKKAD.