Sunny Kurian vs District Collector
2021 Latest Caselaw 14942 Ker

WP(C) NO. 14078 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                    WP(C) NO. 14078 OF 2021
PETITIONER/S:

          SUNNY KURIAN,
          AGED 63 YEARS,
          KULATHARA HOUSE, NEELOOR P.O., KOTTAYAM DISTRICT,
          PIN - 686 651.

          BY ADV GEORGEKUTTY MATHEW



RESPONDENT/S:

    1     DISTRICT COLLECTOR,
          COLLECTORATE, KOTTAYAM - 686 002.

    2     THE REVENUE DIVISIONAL OFFICER,
          MINI CIVIL STATION, PALA, PIN - 686 575.

    3     THE THAHSILDAR (LR),
          MEENACHIL, MINI CIVIL STATION, PALA, PIN - 686 575.

    4     THE TALUK SURVEYOR,
          MEENACHIL, MINI CIVIL STATION, PALA, PIN - 686 575.

    5     VILLAGE OFFICER,
          KADANAD VILLAGE, KURUMANNU P.O., KOTTAYAM DISTRICT -
          686 651.

    6     DAISY CHACKO,
          POOVELIL HOUSE, NEELOOR P.O., KOTTAYAM DISTRICT,
          PIN - 686 651.

    7     CHACKO DEVASSIA,
          POOVELIL HOUSE, NEELOOR P.O., KOTTAYAM DISTRICT,
          PIN - 686 651.

    8     JOSE DEVASSIA,
          POOVELIL HOUSE, NEELOOR P.O., KOTTAYAM DISTRICT,
          PIN - 686 651.
 WP(C) NO. 14078 OF 2021           2



     9       MATHEW DEVASSIA,
             POOVELIL HOUSE, NEELOOR P.O., KOTTAYAM DISTRICT,
             PIN - 686651.

     10      EMMANUEL ANTONY,
             KAIPAVELICKAL HOUSE, NEELOOR P.O., KOTTAYAM
             DISTRICT, PIN - 686 651.

     11      BIJU VARGHESE,
             VELLAPPALLIL HOUSE, AVOLI P.O., MUVATTUPUZHA,
             ERNAKULAM DISTRICT, PIN - 686 667.

     12      SANEESH JOSE,
             PERIMPALLIKKUNNEL HOUSE, VAZHAKKULAM P.O.,
             MUVATTUPUZHA - 686 670.



             SMT A C VIDHYA, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14078 OF 2021                      3

                                         JUDGMENT

The Revenue Divisional Officer, Pala, the 2nd respondent herein has

invoked his powers under the Transfer of Registry Rules and by Ext.P7 order

dated 3.12.2020 has come to the conclusion that the transfer of registry

effected on the basis of defective Re-survey records are liable to be cancelled.

Accordingly, PV No.289/2008 and subsequent transfer of registries, viz. PV

No.4/16, PV No.5/16, PV No.69/16 and PV.No.70/16 were cancelled. Being

aggrieved by the above order, the petitioner is stated to have preferred Ext.P9

revision petition by invoking Rule 18 of the Transfer of Registry Rules. The

petitioner contends that the respondent Nos.11 and 12 in this writ petition

have also preferred separate revision petitions challenging Ext.P7 order and

the same is pending consideration before the 1st respondent. It is in the

above backdrop that the petitioner has approached this Court seeking the

following reliefs:

i) Call for the records leading to Ext.P7 and quash the same as arbitrary and illegal;

ii) to issue a writ of mandamus directing the 1st respondent to consider and dispose of Ext.P9 statutory revision petition after giving chance of being heard to the petitioner, within the time limit fixed by this Hon'ble Court, in the interest of justice;

iii) to issue a writ of mandamus directing the respondents 2 to 5 to keep in abeyance of all further proceedings for the implementation of Ext.P7 order, till the disposal of Ext.P9 revision petition by the 1st respondent.

2. When the matter was taken up, the learned counsel appearing for

the petitioner submits that his limited prayer is for a direction to the 1st

respondent to consider and dispose of Ext.P9 statutory revision petition with

notice to the petitioner and affected parties. He also prays that until a

decision is taken on Ext.P9, further proceedings pursuant to Ext.P7 be kept in

abeyance.

3. Heard the learned Government Pleader and I have considered the

submissions advanced.

4. Having considered the facts and circumstances and the

submissions made across the bar, this writ petition will stand disposed of

directing the 1st respondent to take up Ext.P9 revision petition and finalise the

same, strictly adhering to the relevant statutory provisions and with notice to

the petitioner and the affected parties, if any. Orders shall be passed

expeditiously, in any event, within a period of three months from the date of

production of a copy of this judgment. Till orders are passed in Ext.P9,

proceedings pursuant to Ext.P7 shall be kept in abeyance.

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

judgment before the 1st respondent for further action.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 14078/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE JUDGMENT IN OS NO.227/2008 DATED 24/02/2011 ON THE FILES OF THE MUNSIFF COURT, PALA.

Exhibit P2 TRUE COPY OF THE JUDGMENT IN A.S.NO.23/11 DATED 25/11/2014 ON THE FILES OF THE SUB COURT, PALA.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN OS NO.374/2014 FILED BY THE RESPONDENTS 8 AND 9 BEFORE THE MUNSIFF COURT, PALA.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.9538/2018 DATED 12/02/2020.

Exhibit P5 TRUE COPY OF THE WRITTEN SUBMISSION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 02/07/2020.

Exhibit P6 TRUE COPY OF THE ADALAT APPLICATION DATED 27/08/2008 SUBMITTED BY THE 7TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 03/12/2020 PASSED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.7653/2012 DATED 24/03/2021.

Exhibit P9 TRUE COPY OF THE REVISION PETITION DATED 07/05/2021 ALONG WITH POSTAL ACKNOWLEDGMENT CARD.

Exhibit P10 TRUE COPY OF THE NOTICE DATED 27/04/2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE LETTER DATED 19/05/2021 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE NOTICE DATED 02/07/2021 ISSUED BY THE 4TH RESPONDENT.

RESPONDENT(S) EXHIBITS: NIL