Kerala High Court
Baiju Kurian vs The District Collector on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 5916 OF 2017
PETITIONER:
BAIJU KURIAN
INJIKKAPALATTI VETTIL, MUKKANNOOR VILLAGE, ALUVA
TALUK, ERNAKULAM DIST.
BY ADVS.
SRI.T.P.SAJAN
SRI.M.MOHAMED NAVAZ
RESPONDENTS:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
ERNAKULAM, PIN - 682030.
2 ADDITIONAL THASILDAR
OFFICE OF THE ADDITIONAL THASILDAR,
ALUVA TALUK - 683101.
3 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE OFFICE, MUKKANNOOR VILLAGE,
ALUVA TALUK, MUKKANNOOR P.O., PIN- 683116.
BY ADV.
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5916 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 5916 of 2017
------------------------------------------------------
Dated this the 05th day of April, 2024.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(a) Issue a writ of mandamus or any other appropriate writ order or direction, commanding the first respondent to pass orders on Ext P4 complaint taking in to consideration, the entries in the old revenue records like BTR, Settlement Register etc. and Ext P5 report within a time frame to be fixed by this Hon'ble court.
(b) to Issue a writ of mandamus or any other appropriate writ order or direction, commanding the first respondent to make an enquiry in to the allegation regarding alteration in the nature of land in revenue records during the resurvey of property and take necessary action to restore the nature of land as in old survey records.
(c) To grant such other relief's as are just and proper in the nature of this case."[SIC]
2. The grievance of the petitioner is narrated W.P.(C) No.5916 of 2017 3 in Ext.P4 representation which was filed before the 1 st respondent. If the same is pending before the 1 st respondent, there can be a direction to the 1 st respondent to consider the same with notice to the petitioner and other affected parties.
Therefore, this Writ Petition is disposed of with the following directions:
1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P4 after giving an opportunity of hearing to the petitioner and other affected parties, if any, as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a copy of this judgment.
2. The petitioner will produce a certified copy of this judgment along with a W.P.(C) No.5916 of 2017 4 copy of the Writ Petition with exhibits before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.5916 of 2017 5 APPENDIX OF WP(C) 5916/2017 PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE PARTITION DEED NO.2057/1981 OF ANKAMALI SRO. EXHIBIT-P2: TRUE COPY OF OLD FIELD REGISTER. EXHIBIT-P3: TRUE COPY OF COMPLAINT FILED BEFORE THE REVENUE DIVISIONAL OFFICER, FORT KOCHI DATED 23.7.2010.
EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION DATED 2.9.2015.
EXHIBIT-P5: TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 1.9.2015. EXHIBIT-P6: TRUE COPY OF JUDGMENT DATED 17.9.2015 IN WP(C) 28199/2015. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE