Janaki Amma Subhadramma vs The Revenue Divisional Officer
2021 Latest Caselaw 5748 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.4155 OF 2021(T)

PETITIONER:
               JANAKI AMMA SUBHADRAMMA
               AGED 60 YEARS
               D/O. JANAKI AMMA, KAVUVILA PUTHEN VEEDU, VAZHAYILA,
               KUDAPANAKUNNU, P.O. THIRUVANANTHAPURAM.
               BY ADVS.
               SRI.C.S.MANILAL
               SRI.SABU S.KALLARAMOOLA
               SRI.S.NIDHEESH
               ACHUT.M.NAIR
RESPONDENTS:
      1        THE REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
               STATION, KUDAPPANAKUNNU P.O. THIRUVANANTHAPURAM 695
               043.
      2        THE TRIBUNAL AND TAHASILDAR,
               TALUK OFFICE,
               THIRUVANANTHAPURAM 695 023.
      3        SARAMMA,
               W/O. LATE ENOSE CHARLES, PUTHEN VEEDU ,VAZHAYILA
               ,KUDAPPANAKKUNNU P.O.
               THIRUVANANTHAPURAM 695 043.
      4        AMMINI,
               D/O. LATE ENOSE CHARLES, PUTHEN VEEDU, VAZHAYILA
               ,KUDAPPANAKKUNNU P.O.
               THIRUVANANTHAPURAM 695 043.
      5        BABY,
               S/O. LATE ENOSE CHARLES, PUTHEN VEEDU, VAZHAYILA,
               KUDAPPANAKKUNNU P.O.
               THIRUVANANTHAPURAM 695 043.
      6        BABU,
               S/O. LATE ENOSE CHARLES, PUTHEN VEEDU, VAZHAYILA,
               KUDAPPANAKKUNNU P.O.
               THIRUVANANTHAPURAM 695 043.
      7        SHOBANA,
               D/O. LATE ENOSE CHARLES, PUTHEN VEEDU, VAZHAYILA
               KUDAPPANAKKUNNU P.O.
               THIRUVANANTHAPURAM 695 043.

               ADV.SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4155 OF 2021(T)

                                  2


                                JUDGMENT

Dated this the 17th day of February 2021

Aggrieved by Ext.P4 order passed by the

Tahsildar, the petitioner has filed a statutory

appeal, Ext.P5 under Section 4(4) of the Kerala Debt

Relief Act, 1977. The petitioner has got a grievance

that the question of limitation is not considered by

the Tahsildar, despite the direction in Ext.P3

judgment.

2. Therefore, the writ petition is disposed of

with a direction to the 1st respondent to consider and

pass orders on Ext.P5 appeal in accordance with law

after hearing the petitioner as well as the respondent

Nos.3 to 7. The contention raised on the question of

limitation shall also be considered by the Appellate

authority. Till a decision is taken, the proceedings

for eviction shall be kept in abeyance.

The Writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.4155 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE MUNSIFF CORT, THIRUVANANTHAPURAM IN OS. NO. 2070/1996 DATED 17.07.2001.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC 22440/2005 DATED 25.10.2005.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC 18397/2015 DATED 29.05.2015.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 20.10.2020.

EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BEFORE THE 1ST RESPONDENT DATED 27.1.2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE