Kerala High Court
Santhosh.K.J vs Hashim.P.A on 25 August, 2021
RP NO. 163 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
RP NO. 163 OF 2021
AGAINST THE JUDGMENT IN WP(C) 3019/2015 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/ARREIVED PARTY :
SANTHOSH.K.J.
AGED 45 YEARS
S/O.K.K. JOSEPH, BUILDING NO. X/998,
MURISHUMVEETTIL, IKKANAGAR, MUNNAR,
MUNNAR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADV A.A.SHIBI
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5:
1 HASHIM.P.A.
S/O P.M. ALIAR, PARAMKUDIYIL HOUSE,
MUNNAR, IDUKKI DISTRICT, 685 612.
2 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE TAHSILDAR
TALUK OFFICE, DEVIKULAM, IDUKKI-685001.
4 THE MUNNAR GRAMA PANCHAYATH
REPRESENTED BY ITS SSECRETARY, MUNNAR P.O.,
IDUKKI DISTRICT-685001.
5 THE ASSISTANT ENGINEER
PWD BUILDINGS SECTION, MUNNAR, IDUKKI-685001.
RP NO. 163 OF 2021 2
6 THE KERALA STATE ELECTRICITY BOARD
MUNNAR DIVISION, IDUKKI DISTRICT-685001.
*7.
THE REVENUE DIVISIONAL OFFICER, DEVIKULAM,
IDUKKI
*SUO MOTU IMPLEADED AS PER JUDGMENT DATED 25.8.2021
BY ADVS.
SRI.P.K.SREEVALSAKRISHNAN
GOVERNMENT PLEADER SRI.SANGEETHRAJ
SRI.N.SATHEESH
SRI.K.R.PRATHISH
SRI.S.UNNIKRISHNAN (NELLAD)
SRI.S.RENJITH
SRI.ARUN THOMAS FOR R4
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP NO. 163 OF 2021 3
ORDER
This review petition has been filed by a third party seeking
review of the judgment of this Court in W.P(C) No.3019/2015
Through that judgment, this Court found that there was not even a
semblance of right pleaded by the original writ petitioner to
occupy the land in question. Therefore this Court directed that
the petitioner in the writ petition shall hand over the vacant
possession of the land and building to the 2 nd respondent Tahsildar
within a period of two weeks from the date of receipt of a copy of
the judgment. It is also ordered that if the vacant possession is
not handed over, the competent among the respondents in the
writ petition may take steps to evict the writ petitioner from the
property without initiating any further proceedings.
2. The petitioner in the review petition claims that he
'purchased' the land in question from the petitioner in the writ
petition. He claims that Anneuxre A1 'sale agreement' evidences
this fact.
3. On hearing the review petitioner, it is clear that the
review petitioner has not made out any case for review of the
judgment of this Court in W.P(C) N.3019/2015. The grounds upon
which such an application for review can be maintained is well
settled. No such ground has been made out.
4. The learned counsel for the review petitioner would
submit that the review petitioner had filed an application for
assignment of the land in question and that the said application
has been rejected by the Tahsildar. She also submits that the
against the order rejecting the application for assignment, the
review petitioner has filed an appeal before the Revenue
Divisional Officer, which has been produced as Annexure A22
along with the reply affidavit dated 13.8.2021. It must be noticed
that the order of the Tahsildar, challenging which Annexure A22
appeal is filed was itself after the judgment of this Court in the
writ petition. Notwithstanding the above, taking an extremely
lenient view, this review petition is disposed of directing the
Revenue Divisional Officer, Devikulam, who is suo motu impleaded
as additional 7th respondent in the review petition to hear and take
a decision on Annexure A22 appeal, within a period of one month
from the date of receipt of a copy of this judgment. Before taking
a final decision on the appeal, the review petitioner and the
Assistant Executive Engineer, Munnar Division of the Kerala State
Electricity Board will be heard. It is made clear that no further
time will be granted in the matter.
5. The learned counsel for the review petitioner
undertakes that if the appeal is decided against the review
petitioner, vacant possession of the premises in question shall be
handed over to the Tahsildar, Devikulam Taluk, within two weeks
from the date on which the appeal is decided. This undertaking is
recorded.
6. Status quo as on today will continue till a decision is
taken in the matter by the Revenue Divisional Officer, Devikulam
Taluk as directed above. The Review Petition will stand disposed
of accordingly.
Sd/-
GOPINATH P.
JUDGE
ab
APPENDIX OF RP 163/2021
PETITIONER ANNEXURE
ANNEXURE A1 TRUE COPY OF NOTARISED SALE AGREEMENT
DATED 23.09.2016 EXECUTED BETWEEN THE
REVIEW PETITIONER AND THE 1ST RESPONDENT.
ANNEXURE A1 (A) TRUE COPY OF NOTARISED SALE AGREEMENT
DATED 23.09.2016 EXECUTED BETWEEN THE
REVIEW PETITIONER AND ONE RAMLATH ALIYAR.
ANNEXURE A2 TRUE COPY OF SALE AGREEMENT DATED
18.10.2010 EXECUTED BY THE PREDECESSOR OF
THE SAID RAMLATH.
ANNEXURE A2(A) TRUE COPY OF AGREEMENT DATED 7.11.2006
BETWEEN 1ST RESPONDENT AND RAMAR.
ANNEXURE A3 TRUE COPY OF DEMAND NOTICE ISSUED TO THE
REVIEW PETITIONER BY NO. H2-8787/2019
DATED 03.12.2019.
ANNEXURE A4 TRUE COPY OF RECEIPT NO. 4686079 DATED
07.12.2019 ISSUED BY THE VILLAGE OFFICER,
MUNNAR.
ANNEXURE A4(A) TRUE COPY OF OWNERSHIP CERTIFICATE ISSUED
FROM MUNNAR GRAMA PANCHAYAT TO THE
PETITIONER DATED 2.8.2019.
ANNEXURE A5 TRUE COPY OF RECEIPT OF WATER CHARGES
DATED 22.12.2020 ISSUED BY THE KERALA
WATER AUTHORITY.
ANNEXURE A6 TRUE COPY OF RECEIPT OF RESIDENTIAL
BUILDING TAX ISSUED BY THE MUNNAR GRAMA
PANCHAYAT DATED 03.05.2019 BY NO.
7924716.
ANNEXURE A7 TRUE COPY OF LIST OF ASSIGNABLE LANDS
APPROVED BY THE DISTRICT COLLECTOR IN
SURVEY NO. 843, OF KDH VILLAGE, WHICH IS
OBTAINED UNDER THE RTI ACT.
ANNEXURE A8 TRUE COPY OF LIST OF ASSIGNEES WITH THEIR
LA NUMBERS WHO GOT LANDS FALLING UNDER
SURVEY NO. 843 ASSIGNED WHICH IS OBTAINED
UNDER THE RTI ACT FROM THE DEVIKULAM
TALUK, OFFICE.
ANNEXURE A9 TRUE COPY OF G.O. (MS) NO. 351/1995/RD
DATED 11.7.1995 WITH TYPED COPY.
ANNEXURE A10 TRUE COPY OF BTR REGISTER IN SURVEY NO.
ANNEXURE A11 TRUE COPY OF APPLICATION FOR ASSIGNMENT
OF LAND DATED 11.02.2021 SUBMITTED BY THE
REVIEW PETITIONER BEFORE THE 2ND
RESPONDENT.
ANNEXURE A12 TRUE COPY OF COMMUNICATION SENT BY
REVENUE DIVISIONAL OFFICER, DEVIKULAM TO
THE CHAIRMAN OF DEVIKULAM TALUK LEGAL
SERVICE COMMITTEE DATED 11.12.2015.
RESPONDENTS EXHIBITS: NIL
