M.Ananthakrishnan vs The District Collector

Kerala High Court

M.Ananthakrishnan vs The District Collector on 10 May, 2024

Author: P Gopinath

Bench: P Gopinath

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
                               &
        THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
  FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                       WA NO. 652 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.355 OF 2014
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER

         M.ANANTHAKRISHNAN,
         AGED 64 YEARS
         S/O. LATE MURUKANDI, SUVARNAM, VALMUTTIKALAM,
         CHITTUR, PALAKKAD 678 101., PIN - 678101
         BY ADVS.
         PHILIP T.VARGHESE
         ACHU SUBHA ABRAHAM
         K.R.MONISHA
         THOMAS T.VARGHESE


RESPONDENTS/RESPONDENTS

    1    THE DISTRICT COLLECTOR
         PALAKKAD, PIN - 678001

    2    THE SUPERINTENDENT OF POLICE
         PALAKKAD, PIN - 678001

    3    THE DISTRICT REGISTRAR (GENERAL)
         PALAKKAD, PIN - 678001

    4    THE REVENUE DIVISIONAL OFFICER
         PALAKKAD, PIN - 678001

    5    THE TAHSILDAR
         CHITTUR, PIN - 678101

    6    THE ADDITIONAL TAHSILDAR
         CHITTUR, PIN - 678101

    7    THE VILLAGE OFFICER
         CHITTUR, PIN - 678101
 W.A.No.652 of 2024
                                2




     8       P.M.Y. MANZOOR
             S/O MUHAMMED YOUSEF XIV/105, VALMUTTY LANE,
             CHITTUR AMSON, CHITTUR TALUK, PIN - 678101

     9       N. MANIKANDAN
             S/O LATE NARAYANAN, DEVANKAPURAM I, CHITTUR
             AMSON, CHITTUR TALUK, PIN - 678101

    10       THE LAND REVENUE COMMISSIONER
             THIRUVANANTHAPURAM, PIN - 695033


OTHER PRESENT:

             SMT. NISHA BOSE (SR GP).,
             SRI. P R VENKATESH ((FOR RESP)


         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.A.No.652 of 2024
                                 3




                        JUDGMENT

============ Dated this the 10th day of May, 2024 Gopinath P., J.

The appellant is the petitioner in W.P(C)No.355 of 2014. W.P(C)No.355 of 2014 was filed challenging Ext.P16 order.

2. A learned Single Judge of this Court through the impugned judgment permitted the petitioner to challenge Ext.P16 before the appellate authority. The learned Single Judge has also directed that if Ext.P16 is challenged before the appellate authority within one month from the date of receipt of a certified copy of the judgment, further proceedings on Ext.P16 will be subject to the orders to be passed by the appellate authority.

3. The learned counsel appearing for the appellant would submit that the learned Single Judge ought to have quashed Ext.P16 on a short ground. It is stated that the appellant/writ petitioner has a specific case that Ext.P16 order was passed by an officer other than the officer who W.A.No.652 of 2024 4 had heard the appellant/writ petitioner.

4. Considering the above submission, we directed learned Government Pleader to obtain instructions as to whether an officer different from the officer who heard the appellant/writ petitioner had actually passed Ext.P16 order.

5. The learned Government Pleader on instructions would submit that Ext.P16 was issued by an officer other than the officer who had actually heard the appellant/writ petitioner.

6. We have also heard Sri.P.R. Venkatesh, the learned counsel appearing for the contesting respondents.

7. Having heard the learned counsel appearing for the appellant, the learned Government Pleader and the learned counsel appearing for the contesting respondents, we are of the view that Ext.P16 order is liable to be set aside as the said order was issued by an officer other than the officer who had heard the appellant/writ petitioner.

8. Accordingly, without going into the merits of the contentions taken by either side, this writ appeal is allowed by setting aside the judgment of the learned Single Judge. W.A.No.652 of 2024 5 Ext.P16 will stand quashed. The District Collector, Palakkad (1st respondent) will pass fresh orders in the matter after affording an opportunity of hearing to the appellant/petitioner and to respondents 8 and 9. We make it clear that we have not expressed any opinion on the merits of the claims raised by the appellant/writ petitioner and we are setting aside Ext.P16 only on the ground that the order was passed by an officer other than the officer who had heard the parties. The 1st respondent shall endeavour to pass fresh orders as directed above within a period of three months from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P. JUDGE Sd/-

SYAM KUMAR V.M. JUDGE smm W.A.No.652 of 2024 6 APPENDIX OF WA 652/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXTRACT OF THANDAPER NO. 3583 OF CHITTUR VILLAGE DATED NIL Exhibit P2 TRUE COPY OF THE SALED DEED NO.

491/1972 OF S.R.O, CHITTUR DATED 27.3.1972 Exhibit P3 TRUE COPY OF THE SALE DEED NO.1355/1999 OF S.R.O, CHITTUR DATED 19.05.1999 Exhibit P4 TRUE COPY OF SALE DEED NO. 1763/2005 OF S.R.O CHITTUR DATED 11.5.2005 Exhibit P5 TRUE COPY OF SALE DEED NO.1764/2005 OF S.R.O, CHITTUR DATED 11.5.2005 Exhibit P6 TRUE COPY OF THE SALE DEED NO.3046/2005 OF S.R.O, CHITTUR DATED 6.10.2005 Exhibit P7 TRUE COPY OF SALE DEED NO.5031/2009 OF S.R.O, CHITTUR DATED 10.08.2009 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 5.2.2009 Exhibit P9 TRUE COPY OF NOTICE ISSUED TO THE PETITIONER DATED 2.3.2009 Exhibit P10 TRUE COPY PF THE LAND RELINQUISHMENT DECLARATION GIVEN BY THE PETITIONER DATED 30.09.2009 Exhibit P11 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER DATED 23.03.2010 Exhibit P12 TRUE COPY OF THE REPLY DATED 19.04.2010 ISSUED TO THE PETITIONER Exhibit P13 TRUE COPY OF THE APPLICATION DATED 10.12.2010 MADE TO THE 5TH PETITIONER Exhibit P14 TRUE COPY OF LETTER NO.

H2.2011/969/200 ISSUED BY THE 6TH RESPONDENT DATED 05.03.2011 Exhibit P15 TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED 10.03.2011 W.A.No.652 of 2024 7 Exhibit P16 TRUE COPY OF THE ORDER NO. LRG 1- 2011/66740/9 DATED 18.12.2013 ISSUED BY THE 1ST RESPONDENT