George Kurian vs Land Revenue Commissioner
2021 Latest Caselaw 6073 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      WP(C).No.23211 OF 2020(B)


PETITIONER:

               GEORGE KURIAN
               AGED 55 YEARS
               S/O. KURIAN, PANTHIRUPARAYIL HOUSE,
               POTTENKADU P.O., IDUKKI DISTRICT.

               BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

RESPONDENTS:

      1        LAND REVENUE COMMISSIONER
               OFFICE OF THE LAND REVENUE COMMISSIONER, MUSEUM ROAD,
               THIRUVANANTHAPURAM - 695 034.

      2        THE ASSISTANT CARDAMOM SETTLEMENT OFFICER
               OFFICE OF THE CARDAMOM SETTLEMENT OFFICE,
               KUMALI - 685 509.

      3        CICILY AUGUSTINE
               EDAKKARA VEEDU, POTTENKADU P. O., BAISONVALLEY
               VILLAGE, IDUKKI DISTRICT - 685 565.

      4        SILGY AUGUSTINE
               EDAKKARA VEEDU, POTTENKADU P. O., BAISONVALLEY
               VILLAGE, IDUKKI DISTRICT - 685 565.

      5        SOLY AUGUSTINE
               EDAKKARA VEEDU, POTTENKADU P. O., BAISONVALLEY
               VILLAGE, IDUKKI DISTRICT - 685 565.

      6        JESSY AUGUSTINE
               EDAKKARA VEEDU, POTTENKADU P. O., BAISONVALLEY
               VILLAGE, IDUKKI DISTRICT - 685 565.

               R4-6 BY ADV. SRI.P.CHANDY JOSEPH

               SMT SHEEJA CS, SR GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23211 OF 2020               2




                                JUDGMENT

Challenging the order passed by the Additional Tahsildar, Devikulam

in proceedings initiated against the petitioner under the Land Conservancy

Act, 1967, the petitioner approached the District Collector, Idukki. He states

that against the adverse order passed by the District collector, he has

approached the Land Revenue Commissioner and has challenged the

proceedings by invoking Rule 29 of the Rules for Lease of Government

Lands for Cardamom Cultivation, 1961. According to the petitioner, though

the appeal was preferred in the year 2018, the same has not been

considered till date. In the said circumstances, he has approached this

Court seeking to quash the orders and alternatively for a direction to the

Land Revenue Commissioner, 1st respondent herein, to take up and pass

expeditious orders in the appeal.

2. I have heard Sri.M.S.Radhakrishnan Nair, the learned counsel

appearing for the petitioner and Smt.Sheeja C.S., the learned Government

Pleader. It is submitted by the learned Government Pleader that steps shall

be taken to expeditiously dispose of the appeal for which a six months' time

frame was sought.

3. Having regard to the facts and the submissions made across the

bar, this Writ Petition is disposed of directing the 1st respondent to take up,

consider and pass orders on Ext.P1 appeal submitted by the petitioner with

notice to him, as per procedure and in consonance with law. The orders

shall be passed expeditiously, at any rate, within a period of four months

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

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE sru

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPEAL FILED BY PETITIONER BEFORE THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ON 11.04.2018.

EXHIBIT P3 TRUE COPY OF THE ORDER LWA 21779/63/D DATED 25.08.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER LWA 21779/63/C DATED 25.08.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER LWA 21779/63/A DATED 25.08.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER LWA 21779/63/B DATED 25.08.2020 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE