N K George vs Agricultural Officer

Kerala High Court

N K George vs Agricultural Officer on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C).No.14775/2017
                                   1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 14775 OF 2017
PETITIONER:

             N K GEORGE
             AGED 64 YEARS
             AGED 64 YEARS, S/O.KOCHUVAREETH, RESIDING AT
             NALPAT HOUSE, DARA-40,MURIGOOR THEKKUMURI VILLAGE,
             KORATTY PO,KORATTY-680 308.

             BY ADVS.
             SRI.K.V.GEORGE
             SRI.B.ASHOK SHENOY
             SRI.P.S.GIREESH
             SRI.P.N.RAJAGOPALAN NAIR
             SRI.RIYAL DEVASSY


RESPONDENTS:

     1       AGRICULTURAL OFFICER
             KRISHI BHAVAN, KORATTY PO, THRISSUR
             (DISTRICT)KORATTY-680 308.

     2       LOCAL LEVEL MONITORING COMMITTEE
             KORATTY GRAMA PANCHAYAT, REPRESENTED BY ITS
             CONVENOR,AGRICULTURAL OFFICER, KRISHI BHAVAN,
             KORATTY PO,THRISSUR DISTRICT, KORATTY-680 308.


OTHER PRESENT:

             SRI.B.S.SYAMANTAK, GP


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.14775/2017
                                          2


                          P.V.KUNHIKRISHNAN, J.
                       = = = = = = = = = = = = = = =
                          W.P.(c).No.14775 of 2017
                      = = = = = = = = = = = = = = = =
                     Dated this the 21st day of May, 2024

                                     JUDGMENT

The above writ petition is filed with the following prayers:-

"(a) Call for the records leading to Exhibit P6 order issued by the respondent and quash Exhibit P6 order by issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction;

and

(b) Grant such other and further reliefs as are deemed just and necessary in the facts and circumstances of the case including the costs of this proceedings."

2. The main prayer in this writ petition is against Exhibit P6. The petitioner submitted Exhibit P7 representation against Exhibit P6. When this writ petition came up for consideration on 28.4.2017, this Court passed the following order:-

"Learned Government Pleader takes notice for the respondents and seeks time for filing counter.

In the meantime further proceedings pertains to Exhibit P6 will stand stayed for a period of one month.

Post after vacation."

3. Interim order was extended until further orders on 28.06.2017. Even now the stay of Exhibit P6 is in force. I am of the considered opinion that this writ petition need not be retained here. The petitioner already submitted his explanation to Exhibit P6 as evident by Exhibit P7. According to the petitioner, the authority who issued Exhibit P6 has no jurisdiction to issue such an order. These contentions can be raised by the petitioner before the authority at the time of hearing. Therefore, this writ petition is disposed of with the following directions:-

i) The 1st respondent is directed to consider and pass appropriate orders on Exhibit P7 after giving an opportunity of hearing to the petitioner, as expeditiously as possible, within three months from the date of receipt of a copy of this judgment. The petitioner is free to raise the question of jurisdiction also before the 1st respondent.

ii) Till then the operation of Exhibit P6 shall be kept in abeyance.

sd/-

P.V.Kunhikrishnan, Judge sj22/5/24 W.P.(C).No.14775/2017 4 APPENDIX OF WP(C) 14775/2017 PETITIONER EXHIBITS EXHIBIT P1 : TRUE COPY OF REGD.SALE DEED NO. 212 OF 1980 DATED 23-1-1980 OF CHALAKUDY SUB REGISTRY.

EXHIBIT P2 : TRUE COPY OF REGD. SETTLEMENT DEED NO.5567 OF 2004 DATED 1-10-2004 OF CHALAKUDY SUB REGISTRY EXHIBIT P3 : TRUE COPY OF POSSESSION CERTIFICATE NO.21723630 DATED 15-11-2016 ISSUED BY VILLAGE OFFICER, MURINGOOR THEKKUMMURI TO PETITIONER.

EXHIBIT P4 : TRUE COPY OF LAND TAX RECEIPT NO.7277059 (BOOK NO.72771) DATED 4-10-2016 ISSUED BY VILLAGE OFFICER, MURINGOOR THEKKUMMURI TO PETITIONER.

EXHIBIT P5 :               TRUE COPY OF CERTIFICATE DATED 6-1-2017
                           ISSUED    BY   FIRST    RESPONDENT   TO
                           PETITIONER.

EXHIBIT P6 :               TRUE COPY OF ORDER NO.KTY-9/2016-17
                           DATED    3-3-2017   ISSUED BY FIRST
                           RESPONDENT TO PETITIONER.

EXHIBIT P7 :               TRUE COPY OF REPRESENTATION DATED 29-3-

2017 SUBMITTED BY PETITIONER TO FIRST RESPONDENT.

EXHIBIT P8 : TRUE COPY OF POSTAL ACKNOWLEDGEMENT SIGNED BY FIRST RESPONDENT.