Ummer.M.M vs The The District Collector, ...
2021 Latest Caselaw 13787 Ker

WP(C) NO. 13137 OF 2021        1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
      FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                       WP(C) NO. 13137 OF 2021
PETITIONER:

          UMMER.M.M
          AGED 64 YEARS
          S/O.MUHAMMED, MANALUMPARA HOUSE, NELLIMATTO P.O,
          KAVALANGAD - 686693.

          BY ADV BIJU .C. ABRAHAM



RESPONDENTS:

1         THE DISTRICT COLLECTOR, COLLECTORATE, THEKKADY ROAD,
          KAKKANAD, ERNAKULAM-682 030.

2         THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE
          DIVISIONAL OFFICER, GROUND FLOOR, PATTIMATTOM,
          MUVATTUPUZHA ROAD, MUVATTUPUZHA-686673.

3         THE TAHSILDAR (LR), OFFICE OF THE TAHSILDAR, FOURTH
          FLOOR, REVENUE TOWER, SH16, KOTHAMANGALAM-686666.

4         BOSWELL JOHN, S/O.JOHN, THAZHATHOOTTU HOUSE,
          KAVALANGAD KARA, NELLIMATTOM P.O., KOTHAMANGALAM-
          686693.

5         SIBY BOSWELL JOHN, W/O.BOSWELL JOHN, THAZHATHOOTTU
          HOUSE, KAVALANGAD KARA, NELLIMATTOM PO, KOTHAMANGALAM-
          686693.

6         ROHIT JOHN BOSWELL, S/O.BOSWELL JOHN, THAZHATHOOTTU
          HOUSE, KAVALANGAD KARA, NELLIMATTOM PO,
          KOTHAMANGALAM-686693.

          R1 TO R3 BY SMT.AMMINIKUTTY K, SR GP
 WP(C) NO. 13137 OF 2021      2

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13137 OF 2021              3

                                    JUDGMENT

The petitioner states that respondent Nos.4 to 6 are in possession of

property having an extent of about 23 Acres and 87 cents comprised in

Sy.No.112/1A24F and 24 Acres and 9 cents comprised in Sy.No.112/1A25F of the

Kuttamangalam Village. He contends that the said property is an exempted land

under Section 81(e) of the Land Reforms Act and could not have been used for

any other purpose than as a plantation. However, the party respondents have

leased out the property for operating a tar mixing plant. Being aggrieved,

petitioner is stated to have lodged Ext.P4 representation before the 1st

respondent and Ext.P6 representation before the Sub Collector. He contends that

no action was initiated. It is in the above backdrop that the petitioner is before

this Court seeking a direction to the 1st respondent to consider and pass final

orders on Ext.P6 representation within a time frame.

2. The learned Government Pleader points out that Exhibit-P4

representation has been submitted before the District Collector and there cannot

be any impediment in considering the same.

3. Having regard to the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the 1st respondent

to take up Ext.P4 representation and take a decision, with notice to the petitioner

and the party respondents in strict adherence to law. Appropriate orders shall be

passed expeditiously at any rate, within a period of two months from the date of

receipt of a copy of this judgment.

4. The petitioner shall produce a copy of the writ petition along with

this judgment before the 1st respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 13137/2021

PETITIONER(S) EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 07.02.2020 SUBMITTED BY THE PETITINER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER BEARING NO.DCEKM/9386/2020-L4 DATED NIL ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPORT BEARING NO.C2-

3095/20 DATED 13.8.2020 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 08.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER BEARING NO.DCEKM/10905/2020-M4 DATED 22.02.2021 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 23.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 31.12.2018 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

RESPONDENT(S) EXHIBITS: NIL