Kerala High Court
Mary Varkey vs Revenue Divisional Officer on 11 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
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13561 OF 2017
PETITIONERS:
1 MARY VARKEY
W/O. ABRAHAM VARKEY, AGED 70 YEARS,
THAZHATHURUTHIL, KALAYANTHANI.P.O, ALAKKOD
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
2 ABRAHAM VARKEY, S/O.VARKEY, AGED 75 YEARS,
THAZHATHURUTHIL, KALYANATHANI.P.O. ALAKKOD
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
IDUKKI DISTRICT- 685588
2 THE DISTRICT COLLECTOR
IDUKKI DISTRICT- 685 588
3 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, VELLAMATTOM, IDUKKI DISTRICT- 685 585
4 THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
IDUKKI DISTRICT,REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER(RDO),IDUKKI, IDUKKI
DISTRICT- 685 588
5 KERALA STATE REMOTE SENSING AGENCY AND
ENVIRONMENT CENTRE (KSRSEC)
VIKAS BHAVAN, C BLOCK, THIRUVANANTHAPURAM,
KERALA- 695 033, REPRESENTED BY THE DIRECTOR
6 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVRNMENT,REVENUE
DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
BY ADV.RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13561 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 13561 of 2017
------------------------------------------------------
Dated this the 11th day of April, 2024.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"1. Issue a writ of certiorari or any other appropriate writ, direction or order by calling for the records leading to the issuance of exhibit P1 order and set aside the same as illegal.
2. Direct the first respondent to issue an order under clause 6 of Kerala Land Utilization Order to the petitioner permitting him to use the land of petitioner which is the subject matter of exhibit P1 for other purposes beneficial to him including construction of commercial and residential building.
3. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and W.P.(C) No.13561 of 2017 3 circumstances of the case."[SIC]
2. The petitioners are challenging Ext.P1 order. Ext.P1 is an order passed by the Revenue Divisional Officer, Idukki under the provisions of the Kerala Land Utilisation Order. The petitioners have got a remedy against Ext.P1 before the Government as per Clause 14 of the Kerala Land Utilisation Order. If that be the case, this Writ petition need not be retained here.
Therefore, this Writ Petition is disposed of in the following manner:
1. The petitioners are free to file a revision before the 6th respondent against Ext.P1 within a period of 30 days from the date of receipt of a copy of this judgment.
2. Once such a revision is received, the 6th respondent will consider the same and W.P.(C) No.13561 of 2017 4 pass appropriate orders in it, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of the revision.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.13561 of 2017 5 APPENDIX OF WP(C) 13561/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4.12.2015 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 12.5.2014 ISSUED BY THE ALAKKODE VILLAGE OFFICER EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.12.2014 ISSUED BY THE ALAKKODE VILLAGE OFFICER EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 11.2.2016 IN WP(C) NO. 810/2016 EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 9.2.2016 ISSUED BY THE SECOND RESPONDENT RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE