Mr. Kurian Varghese vs State Of Kerala
2021 Latest Caselaw 17732 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                       WP(C) NO. 17347 OF 2021
PETITIONER:

               MR. KURIAN VARGHESE
               AGED 73 YEARS
               S/O. VARGHESE KURIAN,
               RESIDING AT VENGAL MEDAYIL,
               NEDUMPRAM PANCHAYATH, NEDUMPRAM VILLAGE,
               PODIYADI P.O, THIRUVALLA.,
               PATHANAMTHITTA DISTRICT.

               BY ADV. V.RAMKUMAR NAMBIAR

RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695001.

    2          THE REVENUE DIVISIONAL OFFICER,
               P.O.FORT KOCHI, ERNAKULAM - 682001.


               BY ADV. SMT.AMMINIKUTTY.K, SR. GP


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   27.08.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.17347 of 2021(P)
                                2

                          JUDGMENT

The petitioner has approached this Court with the

singular plea that her Ext.P7 application, preferred before the

2nd respondent Revenue Divisional Officer (RDO) under the

provisions of Section 28A of the Kerala Stamp Act, be directed

to be taken up and disposed of within a time frame to be fixed

by this Court.

2. Sri.V.Ramkumar, learned counsel appearing for the

petitioner, submitted that his client has been constrained to

approach this Court because the application in question had

been filed a few months earlier, but no action has been taken

thereon by the RDO until now. He, therefore, reiteratingly

prayed that the application of the petitioner be directed to be

taken up and disposed of within a short time frame, to be

specified by this Court.

3. In response, the learned Senior Government Pleader

- Smt.K.Amminikutty, affirmed that if the application of the

petitioner is still pending, then there is no legal impediment for

the RDO to take up the same and dispose it of within a period

of two months. She, however, prayed that this Court may not

make any affirmative declarations in favour of the petitioner WPC No.17347 of 2021(P)

and leave it to the said authority to take a decision thereon, as

per law.

Taking note of the afore submissions, I allow this

writ petition and direct the 2nd respondent RDO to take up

Ext.P7 application and dispose of the same, after following due

procedure and after affording an opportunity of being heard to

the petitioner, thus culminating an appropriate order thereon,

as expeditiously as is possible, but not later than three months

from the date of receipt of a certified copy of this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ww WPC No.17347 of 2021(P)

APPENDIX OF WP(C) 17347/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED DATED 22.07.1994 EXECUTED IN FAVOUR OF THE PETITIONER.

EXHIBIT P2                TRUE COPY OF THE LATEST TAX RECEIPT
                          ISSUED   BY   THE    VILLAGE  OFFICER,
                          THRIKKAKARA DATED 05.07.2021.

EXHIBIT P3                TRUE COPY OF THE DESCRIPTION OF THE

PROPERTY AFTER EFFECTING MUTATION IN THE NAME OF THE PETITIONER INDICATING THE THANDAPPER ACCOUNT, ISSUED BY THE VILLAGE OFFICER, KAKKANAD DATED 22.10.2019.

EXHIBIT P4                TRUE COPY OF THE COMMUNICATION OF THE
                          VILLAGE    OFFICER,  KAKKANAD   DATED

8.11.2019 ISSUED TO THE TAHSILDAR, KANAYANNUR ALONG WITH THE REPORT OF THE VILLAGE OFFICER.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 3.1.2020 ISSUED BY THE TAHSILDAR TO THE SUB COLLECTOR, FORT KOCHI (REVENUE DIVISIONAL OFFICER).

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 14.1.2020 ISSUED BY THE SUB COLLECTOR, FORT KOCHI (SECOND RESPONDENT HEREIN).

EXHIBIT P7 TRUE COPY OF THE COMMON REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS SIGNED BY MR.JACOB ZACHARIA OR AND ON BEHALF OF ALL OTHERS AS DULY AUTHORIZED BY THEM DATED 10.03.2021.

EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED 12.03.2021 ISSUED TO JACOB ZACHARIA FOR AND ON BEHALF OF THE PETITIONER AND OTHERS.