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. 10101 OF 2022
PETITIONERS:
1 KUSUMAM,
D/O. LATE ACHAN BAVA CHANDRASHEKARAN
NEDIYARAVEEDU,(KAKKANADU),PALLIPURAM VILLAGE
CHERAI P.O., ERNAKULAM -, PIN - 683514
2 MANI K.C, S/O. LATE ACHAN BAVA CHANDRASHEKARAN
NEDIYARAVEEDU, PALLIPURAM VILLAGE
CHERAI P.O., ERNAKULAM - 683 514.
3 MURALI K.C, S/O. LATE ACHAN BAVA CHANDRASHEKARAN
KAKKANADU VEEDU, NEDIYARA, PALLIPPURAM,
CHERAI P.O., ERNAKULAM -, PIN - 683514
BY ADVS.
DEEPU THANKAN
SHAHNAS K.P
UMMUL FIDA
LAKSHMI SREEDHAR
R.RAJANANDINI MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, KOCHI , PIN - 682001
3 TAHSILDAR, KOCHI TALUK, KOCHI, PIN - 682001
4 VILLAGE OFFICER, PUTHUVYPE VILLAGE OFFICE,
VYPIN, PIN - 682508
SR.GP SMT.K AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10101 OF 2022
2
JUDGMENT
Since the petitioners, admittedly, have invoked alternative statutory remedy by preferring Ext.P12 Appeal before the Revenue Divisional Officer (RDO), I deem it appropriate to dispose of this writ petition solely directing the same to be taken up and finalised on its merits, within a time frame.
2. Though Smt.Lakshmi Sreedhar - learned counsel for the petitioners, made a fervent plea that this Court should intervene with Ext.P11, for the reasons already recorded above, I do not deem it appropriate; and therefore, asked the learned Senior Government Pleader whether Ext.P12 is still pending.
3. Smt.K.Amminikutty - learned Senior Government Pleader, affirmed that Ext.P12 is WP(C) NO. 10101 OF 2022 3 pending and added that this can be disposed of without any avoidable delay.
4. I see from the files that the order of assignment now cancelled through Ext.P11 is of the year 1974. Obviously, therefore, the petitioners must be given the latitude of being able to pursue Ext.P12 without any threat of further action.
Resultantly, I order this writ petition and direct the 2nd respondent - RDO to take up Ext.P12 Appeal of the petitioners and dispose it of, after affording them 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.
It goes without saying that until such time as the afore exercise is completed and the WP(C) NO. 10101 OF 2022 4 resultant order communicated to the petitioners, all further action pursuant to Ext.P11 will stand deferred; and both sides will maintain status quo with respect to the property in question.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 10101 OF 2022 5 APPENDIX OF WP(C) 10101/2022 PETITIONERS' EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER OF GRANT OF GOVERNMENT LAND FOR TEMPORARY AGRICULTURAL PURPOSE ISSUED BY THE THIRD RESPONDENT AS L.O. 913 OF 1968 DATED 23/09/1968 Exhibit P-2 TRUE COPY OF THE ORDER OF ASSIGNMENT ISSUED BY THE THIRD RESPONDENT DATED 25/03/1974 Exhibit P-3 TRUE COPY OF RECEIPT DATED 07/03/1983 Exhibit P-4 TRUE COPY OF THE ORDER OF THE LOKAYUKTA DATED 24/08/2006 IN COMPLAINT NO. 231 OF 2006 Exhibit P-5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONERS' MOTHER TO THE 1ST RESPONDENT DATED 18/08/2006 Exhibit P-6 TRUE COPY OF THE NOTICE OF THE FIRST RESPONDENT DATED 09/10/2006 Exhibit P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN 30429/2018 DATED 08/04/2019 Exhibit P-8 TRUE COPY OF THE PATTA IN L.A. NO. 69/1974 DATED 25/04/1979 Exhibit P-9 TRUE COPY OF THE PATTA IN L.A.NO.205/1974 DATED 07/05/1979 Exhibit P-10 TRUE COPY OF THE PATTA IN L.A.NO.114/1974 DATED 30/04/1979 Exhibit P-11 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 13/02/2020. Exhibit P-12 TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE SECOND RESPONDENT DATED 14/08/2020