Kerala High Court
Padmavathy Amma vs The State Of Kerala on 25 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(C) NO. 16358 OF 2024
PETITIONER:
PADMAVATHY AMMA
AGED 69 YEARS
W/O LATE MOHANAN, PADMASREE HOUSE, DEVIKULAM, DEVIKULAM
TALUK, IDUKKI DISTRICT., PIN - 685613
BY ADV RAJESH NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI, PAINAV P.O., IDUKKI DISTRICT, PIN -
675011
3 THE REVENUE DIVISIONAL OFFICER
DEVIKULAM, IDUKKI DISTRICT., PIN - 675011
4 THE TAHSILDAR
DEVIKULAM TALUK, TALUK OFFICE, DEVIKULAM P.O., IDUKKI
DISTRICT, PIN - 675010
5 THE VILLAGE OFFICER
K.D.H. VILLAGE, DEVIKULAM P.O., IDUKKI DISTRICT, PIN -
675010
OTHER PRESENT:
SMT MABLE C KURIEN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16358 OF 2024
2
JUDGMENT
V.G.ARUN (J) The challenge in this writ petition is against Ext.P4 order of the District Collector, Idukki, rejecting the petitioner's application for assignment of land occupied by her, in accordance with the provisions of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977 (hereinafter 'Rules' for brevity).
2. When the matter is taken up for consideration today, learned counsel for the petitioner submitted that Ext.P6 appeal is pending before the 1st respondent.
3. The learned Government Pleader submitted that it is doubtful whether Ext.P6 appeal is maintainable, the original Authority having found the petitioner's application to be not maintainable under the Rules.
4. Insofar as, the the petitioner has preferred an appeal against the impugned order, the Appellate Authority is bound to consider the same and pass appropriate orders thereon. The writ petition is hence disposed of, directing the Appellate Authority to consider and pass orders on Ext.P6 appeal. It will be open for the Appellate Authority to consider as whether the application was maintainable under the Rules and if not, whether WP(C) NO. 16358 OF 2024 3 the appeal itself is maintainable.
Till orders are passed on Ext.P6 appeal, further proceedings based on Ext.P4 shall be kept in abeyance.
SD/-
V.G.ARUN JUDGE SD/-
M.B. SNEHALATHA JUDGE rp WP(C) NO. 16358 OF 2024 4 APPENDIX OF WP(C) 16358/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RESIDENTIAL / OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY, DEVIKULAM PANCHAYATH AS PER CERTIFICATE NO. A4-2492 DATED 09-09-2015 Exhibit P2 A TRUE COPY OF THE APPLICATION FOR LAND ASSIGNMENT SUBMITTED BY THE PETITIONER HEREIN BEFORE THE 2ND RESPONDENT ON 04-08-2015 Exhibit P3 COPY OF THE JUDGMENT PASSED ON 2ND OF FEBRUARY 2024 BY THE HON'BLE HIGH COURT OF KERALA IN WRIT PETITION (C) NO. 38753 OF 2015 Exhibit P4 A TRUE COPY OF ORDER ISSUED AS PER FILE NO.
DCIDK/1109/2024-C10 DATED 26-03-2024 BY THE 2ND RESPONDENT DISTRICT COLLECTOR, IDUKKI DISTRICT Exhibit P5 A TRUE COPY OF THE MAHSER PREPARED BY THE DEPUTY TAHSILDAR, DEVIKULAM TALUK ON 05-10-2015 WITH RESPECT TO 10 CENTS OF LAND IN QUESTION Exhibit P6 A TRUE COPY OF THE APPEAL DATED 17-04-2024 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE POSTAL RECEIPT (NO. EL447617794IN) OF EXT. P6 SHOWING THE DISPATCH TO THE 1ST RESPONDENT ON 17- 04-2024 ISSUED BY THE SPEED POST, POSTAL DEPARTMENT, GOVERNMENT OF INDIA