IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 28184 OF 2021
PETITIONER:
SOUTHERN FIELD VENTURES PVT. LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,
XAVI MANO MATHEW, AGED 53 YEARS,
S/O. LATE JOHN MATHEW, RESIDING AT
PANCHIKKAL HOUSE, D-10, TAGORE NAGAR,
VAZHUTHACADU, THIRUVANANTHAPURAM 695 014
BY ADVS.
K.R.SYAM SEKHAR
P.V.ANIL
V.S.LIJA
RESPONDENTS:
1 TH E STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE DISTRICT COLLECTOR
COLLECTORATE, 2ND FLOOR,, CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043
BY ADVS.
SPL.GP-SRI TB HOOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 28184/21
2
JUDGMENT
Amidst the various allegations, assertions and averments made and urged in this Writ Petition, Sri.K.R.Shyam Sekhar - learned counsel for the petitioner, confined his plea that the 2 nd respondent - District Collector be directed to dispose of Ext.P6 Statutory Revision, filed against the order of the Revenue Divisional Officer dated 03.10.2007, within a time frame to be fixed by this Court.
2. Sri.T.B.Hood - learned Special Government Pleader, submitted that the reason why the Revenue Divisional Officer has cancelled the 'Patta' of the property involved in this case is not merely because it is covered by an 'EFL' Notification. He submitted that there are various other issues involved, but added that if this Court is to only direct the District Collector to consider Ext.P6 on its merits, he will not stand in the way; however, praying that this Court may not make any affirmative declarations in favour of the petitioner in any manner whatsoever. He then added that even going by the pleadings on record, Ext.P6 WPC 28184/21 3 does not appear to be the original Revision filed, but only a subsequent one.
3. In reply, Sri.K.R.Shyam Sekhar explained that the original Revision filed was missing from the files of the official respondents and that it is, therefore, that his client preferred Ext.P6, by way of abundant caution, in the year 2019.
4. Whatever be the dialectical contentions between the parties, it is evident that cancellation of the 'Patta' has been made by the Revenue Divisional Officer as early as in the year 2007. Obviously, therefore, this Court cannot enter into the merits of the said order at the first instance since the petitioner has already invoked his statutory remedy.
5. That said, the question whether Ext.P6 is the Revision first filed, or a second one, is not of any importance because, whatever be the disputation on the same, it can always be construed as a first one subject, of course, to the question of limitation and such other.
Resultantly, I order this Writ Petition to the limited extent of directing the 2nd respondent - District Collector, to take up WPC 28184/21 4 Ext.P6 Revision Petition filed by the petitioner and to dispose it of, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible but not later than four months from the date of receipt of a copy of this judgment.
At this time, Sri.T.B.Hood intervened to say that, as has been averred in the statement filed on behalf of the 2 nd respondent, the proceedings before the Taluk Land Board is still pending.
I do not propose to speak on this, but certainly, this is also an issue that can be considered by the District Collector while the afore exercise is completed.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 28184/21
5
APPENDIX OF WP(C) 28184/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT BY NO 22940
DATED 02-07-2005
Exhibit P1A TRUE COPY OF THE TAX RECEIPT BY NO 12602
DATED 10-07-2006
Exhibit P1B TRUE COPY OF THE TAX RECEIPT BY NO 8090
DATED 19-04-2007
Exhibit P2 TRUE COPY OF THE ORDER DATED 05-01-2016
BY NO EFL 10-1114/2007 PASSED BY THE
CUSTODIAN
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P9C) NO.
32107/16 DATED 23-08-2017 OF THE HON'BLE HIGH COURT.
Exhibit P4 TRUE COPY OF THE ERAATUM NOTIFICATION DATED 19-02-2019 ISSUED BY THE CUSTODIAN Exhibit P5 TRUE COPY OF THE COMMON JUDGMENT IN O.A 1/2016 AND 2/2016 OF THE FOREST TRIBUNAL KOLLAM DATED 30-05-2019 Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 20-11-2019 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 26-07-
1988 IN CRP 2346/1984 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 15-10-2019 Exhibit P9 TRUE COPY OF THE COMMUNICATION GIVEN BY THE DEPARTMENT OF FOREST BEARING NO. C3- 2506/2016 DATED 27-11-2019 Exhibit P10 TRUE COPY OF THE STRIKE NOTICE DATED 18-
11-2021 GIVEN BY THE GENERAL SECRETARY OF CITU, INFORMING THE PETITIONER ABOUT THE AGITATION WITHIN THE ESTATE Exhibit P11 TRUE COPY OF THE NEWSPAPER REPORT WHICH WAS PUBLISHED IN THE MALAYALA MANORAM DAILY DATED 12-11-2021 Exhibit P12 TRUE COPY OF THE NEWSPAPER REPORT WHICH WAS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 13-11-2021 Exhibit P13 TRUE COPY OF THE NEWSPAPER REPORT WHICH WAS PUBLISHED IN THE MALAYALA MANORAM DAILY DATED 18-11-2021