Jerry Perrera vs The District Collector

Kerala High Court

Jerry Perrera vs The District Collector on 22 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     WEDNESDAY, THE 22ND DAY OF MAY 2024/1ST JYAISHTA, 1946
                         WP(C) NO.18394 OF 2024
PETITIONER:

             JERRY PERRERA, AGED 63 YEARS,
             S/O.LAZAR M.PERRERA, THOPPIL ST.ANTONY'S BANGALOW,
             VARAPPUZHA LANDING P.O, VARAPPUZHA, PIN - 683517.

             BY ADVS.
             C.K.PAVITHRAN
             NEENU PAVITHRAN
             MEGHA SAJEEVAN


RESPONDENTS:

     1       THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,
             ERNAKULAM, PIN - 682030.

     2       THE THAHSILDAR (LAND RECORDS), TALUK OFFICE,
             KANAYANNUR TALUK, ERNAKULAM, PIN - 682011.

     3       THE VILLAGE OFFICER, CHERANALLOOR VILLAGE,
             CHERANALLOOR P.O, ERNAKULAM, PIN - 682034.

     4       ANIL JOSEPH, S/O.LATE K.P.JOSEPH,
             KOCHAPPILLY VEETIL, CHANGAMPUZHA NAGAR,
             EDAPALLY, PIN - 682033.


             BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.05.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.18394 of 2024
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                              JUDGMENT

Dated, this the 22nd May, 2024 Heard the learned counsel appearing for the petitioner and the learned Government Pleader for respondents 1 to 3. In view of the limited prayer, which is liable to be granted in this writ petition, notice to the 4th respondent is dispensed with.

2. The grievance of the petitioner is that Ext.P6 representation, which was filed pursuant to Ext.P4 notice, be considered by the 1st respondent within a time frame to be fixed by this Court. Ext.P4 is a notice issued by the 2nd respondent calling upon the petitioner to show cause as to why the mutation effected in his favour shall not be cancelled. Ext.P6 is the representation, whereby the petitioner seeks to sustain the mutation effected in his favour.

3. In the given facts and circumstances, there will W.P(C) No.18394 of 2024

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be a direction to the 1st respondent to consider and pass orders in Ext.P6 representation, within a period of one month, after affording an opportunity of being heard to the petitioner, as also, such other affected parties, including the 4th respondent. In case the 1st respondent deems it fit and proper, he may call for the proceedings, which is pending before the 2nd respondent, based upon which Ext.P4 notice was issued and shall consider and pass orders in the same, as well. Until the above referred exercise is done, the mutation in favour of the petitioner shall not be cancelled.

This W.P.(C) is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE ww W.P(C) No.18394 of 2024

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APPENDIX OF WP(C) 18394/2024 PETITIONER'S EXHIBITS:

EXHIBIT-P1 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DATED 23.01.23.

EXHIBIT-P2 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 07.08.23.

EXHIBIT-P3 A TRUE COPY OF THE ORDER DATED 22.8.23 IN C.O.C 1012/20.

EXHIBIT-P4 TRUE COPY OF THE NOTICE BEARING FILE NUMBER S10 15326/21 DATED 16.11.2023 SIGNED BY THE HEAD SURVEYOR ON 15.1.2024 FIXING THE HEARING DATE ON 24/11/2023.

EXHIBIT-P5 TRUE COPY OF THE REPLY DATED 12.03.24 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT-P6 TRUE COPY OF THE REPRESENTATION DATED 23.4.2024 FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT, ALONG WITH THE RECEIPT.