Kerala High Court
Jijo Abraham vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15788 OF 2024
PETITIONER:
JIJO ABRAHAM
AGED 46 YEARS
S/O P K ABRAHAM, RESIDING AT CHIRAKEYIL, ERICADU,
PUTHUPALLY P.O, KOTTAYAM, PIN - 686011
BY ADVS.
K.R.RAJKUMAR
JAGADEESH LAKSHMAN
R.K.RAKESH
NANDANA BABU T.
RUMAISA UDAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
KOTTAYAM, COLLECTORATE P.O., KOTTAYAM, PIN - 686002
3 THE TAHSILDAR (LR)
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM, PIN - 686001
4 THE HEAD SURVEYOR
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM, PIN - 686001
5 THE TALUK SURVEYOR
TALUK OFFICE, MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM, PIN - 686001
6 THE VILLAGE OFFICER
NEAR GOVT HIGHER SECONDARY SCHOOL, PUTHUPALLY, KOTTAYAM,
PIN - 686011
7 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, UNION CLUB
ROAD, PUTHENANGADY, KOTTAYAM,, PIN - 686001
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.15788 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.15788 of 2024
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Dated this the 12th day of April, 2024
JUDGMENT
The petitioner submits that challenging Ext.P11 order, he has preferred an appeal before the 7th respondent and that Ext.P12 notice of hearing was also issued and the petitioner appeared for hearing, but till date no action has been taken to finalise the proceedings in the appeal.
2. Heard the learned Government Pleader also.
After hearing both sides I am inclined to dispose of the writ petition with a direction to the 7th respondent to take up and dispose of the appeal for which Ext.P12 hearing notice was issued to the petitioner, after taking into consideration Ext.P13 request submitted by the petitioner and after hearing the petitioner. A final decision on the appeal shall be taken by the 7 th respondent as directed above, within an outer limit of two months from the date of receipt of a copy of this judgment.
Sd/-
VIJU ABRAHAM JUDGE sm/ W.P.(C). No.15788 of 2024 :3: APPENDIX OF WP(C) 15788/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PARTITION DEED NO.:1110/1288 DATED 22ND MAKARAM, 1110 (04-02-1935) Exhibit P2 THE TRUE COPY OF THE SETTLEMENT DEED NO.:142/1971 DATED 19-01-1971 Exhibit P3 THE TRUE COPY OF THE PARTITION DEED NO.
784 OF 2021 DATED 07-05-2021 Exhibit P4 THE TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO. 4/286/18/K. DIS DATED 01- 10-2018 ISSUED BY THE TAHSILDAR, KOTTAYAM Exhibit P5 THE TRUE COPY OF THE BASIC TAX RECEIPT NO. KL05032307003/2018 ISSUED BY THE 6TH RESPONDENT DATED 17-10-2018 Exhibit P6 THE TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE 6TH RESPONDENT DATED NIL Exhibit P7 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE FOR THE PERIOD FROM 01-01-
1990 TO 26-02-2020 ISSUED BY THE PUTHUPPALLY SRO OF 59.20 ARES OF PROPERTY COMPRISED IN RE SURVEY NO.:255/4 OF PUTHUPPALLY VILLAGE DATED 02-03-2020 Exhibit P8 THE TRUE COPY OF THE ROR NO. 537 ISSUED BY THE 6TH RESPONDENT DATED 27-04-2021 Exhibit P9 THE TRUE COPY OF THE TESTIMONIAL ISSUED BY THE 6TH RESPONDENT DATED 27-04-2021 Exhibit P10 THE A TRUE COPY OF THE FMP ISSUED BY THE 6TH RESPONDENT DATED 09-03-2018 Exhibit P11 THE TRUE COPY OF THE ORDER NO. G4- 12216/21 OF THE 3RD RESPONDENT DATED 05- 04-2022 Exhibit P12 THE TRUE COPY OF THE NOTICE NO. M-
2457/2022 ISSUED BY THE REVENUE
DIVISIONAL OFFICER, KOTTAYAM TO THE
PETITIONER AND HIS BROTHERS DATED 28-11- 2022 Exhibit P13 THE TRUE COPY OF THE WRITTEN SUBMISSION FILED BY THE PETITIONER AND HIS BROTHERS BEFORE THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DATED NIL