Kerala High Court
Somasundaran P.K vs The Revenue Divisional Officer 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. 13869 OF 2024
PETITIONER/S:
SOMASUNDARAN P.K
AGED 64 YEARS, S/O RAMATHARAKAN,
RESIDING AT SOMAN VILLA, P.O. KOTTAPPURAM,
PALAKKAD, PIN - 679 513.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
NIKITHA K.V.
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101.
2 THE TAHSILDAR (LR)
OTTAPALAM TALUK OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101.
3 THE VILLAGE OFFICER
KARIMPUZHA-1 VILLAGE, KARIMPUZHA P.O.,
PALAKKAD DISTRICT, PIN - 679 513.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, Sr.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.13869 OF 2024
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
W.P.(C).No. 13869 of 2024
-----------------------------------
Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers;-
"(i) call for the records leading to the passing of Ext.P4 by the 2nd respondent and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;
(ii) issue a writ in the nature of mandamus directing the 1st respondent to consider on merits Ext.P5 appeal expeditiously and pass orders on the same after affording to the petitioner a reasonable opportunity of being heard;
(iii) issue a writ in the nature of mandamus directing the 3rd respondent to accept land tax from the petitioner in respect to his 24 ½ cents of property in Sy.Nos.16/1, 16/7A1A and 7A1B of Karimpuzha I Village in Ottapalam Taluk, Palakkad District and issue possession certificate to him;
(iv) dispense with the filing of translation of vernacular documents;
and
(v) issue such other writ, order or direction as this honorable court deems fit and proper in the circumstances of the case.".
[SIC] WP(C) NO.13869 OF 2024 3
2. The learned Counsel for the petitioner submits that the the petitioner will be satisfied, if a direction is issued to the 1st respondent to consider Ext.P5 Appeal filed against Ext.P4 order.
3. Heard the learned counsel for the petitioner and the learned Government Pleader also.
4. After hearing both sides, I think that the prayer can be allowed.
Therefore, this writ petition is disposed of with following directions.
I. The 1st respondent is directed to consider and pass appropriate orders in Ext.P5 appeal after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this Judgment.
WP(C) NO.13869 OF 2024 4 II. The petitioner shall produce a certified copy of this Judgment along with a copy of the writ petition with exhibits, before the 1st respondent, for compliance.
Sd/-
P.V. KUNHIKRISHNAN JUDGE S.M.K. WP(C) NO.13869 OF 2024 5 APPENDIX PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT, DATED 21.3.2005.
Exhibit-P2 TRUE COPY OF ONE SUCH TAX RECEIPT ISSUED BY THE 3RD RESPONDENT, DATED 15.4.2013.
Exhibit-P3 TRUE COPY OF THE COMMUNICATION NO.G6-2019/ 2151/G ADDRESSED BY THE DISTRICT SURVEY SUPERINTENDENT, PALAKKAD, DATED 26.7.2019.
Exhibit-P4 TRUE COPY OF THE STEREOTYPE ORDER NO.2017/2010/9/400/H3 ISSUED BY THE 2ND RESPONDENT, DATED -NIL-
Exhibit-P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT, DATED 24.7.2023.