Pearl Spot Resorts Private ... vs Village Officer
2021 Latest Caselaw 12836 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
                        WP(C) NO. 10755 OF 2021
PETITIONER/S:

          PEARL SPOT RESORTS PRIVATE LIMITED,
          39/330 A, IST FLOOR, ARANGATH ROAD, KOCHI 682 018,
          REPRESENTED BY ITS CHAIRMAN G. PRABHAKARA KAMATH.

          BY ADVS.
          P.RAMAKRISHNAN
          SMT.PREETHI RAMAKRISHNAN (P-212)
          SRI.T.C.KRISHNA
          SRI.C.ANIL KUMAR
          SMT.ASHA K.SHENOY
          SRI.PRATAP ABRAHAM VARGHESE



RESPONDENT/S:

    1     VILLAGE OFFICER,
          PALLIVASAL VILLAGE, PALLIVASAL, IDUKKI 685 565.

    2     THAHSILDAR (L.R.), TALUK OFFICE DEVIKULAM, IDUKKI
          TALUK OFFICE DEVIKULAM, IDUKKI 685 613.

    3     THE DISTRICT COLLECTOR,
          IDUKKI, COLLECTORATE, PAINAVU, IDUKKI 685 603.



          BY SMT. DEEPA NARAYANAN, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10755 OF 2021
                                      -2-

                                  JUDGMENT

The writ petitioner, a company registered under the Companies Act,

1956, is stated to be the owner of fairly a large extent of land in Pallivasal

Village in Devikulam Taluk. It suffered an order in respect of a portion of the

land extending to 17.51 acres, at the hands of the Revenue Divisional Officer,

Devikulam. The said order passed by the Revenue Divisional Officer,

Devikulam, was challenged before the Land Revenue Commissioner, who

affirmed the order passed by the Revenue Divisional Officer. A writ petition

filed before this Court was dismissed finding no infirmity with the orders

passed by the statutory authorities. (see Ext.P10 judgment in W.P.(C).

No.9400/2010). The judgment of the learned Single Judge of this Court was

challenged in Writ Appeal No.1694/2020. That Writ Appeal was also

dismissed on 16.12.2020. A Special Leave Petition was carried to the

Supreme Court against that judgment, which was also dismissed by order

dated 05.03.2021.

2. Learned Counsel for the petitioner submits that, in view of the

proceedings as aforesaid, the finding of the statutory authorities in respect of

the aforesaid 17.51 acres, which forms a part of other land holding of the

petitioner, has become final. He would however submit that the balance land

holding of the petitioner is to be surveyed and demarcated after excluding the WP(C) NO. 10755 OF 2021

aforesaid 17.51 acres. To enable the same, petitioner has filed Exts.P13 and

P14 before the Tahsildar, Devikulam Taluk, the 2nd respondent herein.

3. Learned Government Pleader on instructions submits that,

proceedings on Exts.P13 and P14 have been initiated and some time will be

required to complete the proceedings.

4. Considering the limited nature of relief sought for in this writ

petition, I am of the opinion that this writ petition can be disposed of,

directing the 2nd respondent to complete the proceedings initiated on Exts.P13

and P14, with notice to the petitioner, within a period of four months from the

date of receipt of a copy of this judgment.

The writ petition stands disposed of accordingly.

Sd/-

GOPINATH P.

JUDGE

uu 10.06.2021 WP(C) NO. 10755 OF 2021

APPENDIX OF WP(C) 10755/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF PATTA IN L.A. FILE NO. 137/93.

EXHIBIT P2 TRUE COPY OF PATTA IN L.A. FILE NO. 140/93.

EXHIBIT P3 TRUE COPY OF PATTA IN L.A. FILE NO. 143/93.

EXHIBIT P4 TRUE COPY OF PATTA IN L.A. FILE NO. 145/93.

EXHIBIT P5 TRUE COPY OF PATTA IN L.A. FILE NO. 147/93.

EXHIBIT P6 TRUE COPY OF PATTA IN L.A. FILE NO. 168/93.

EXHIBIT P7 TRUE COPY OF PATTA IN L.A. FILE NO. 169/93.

EXHIBIT P8 TRUE COPY OF ORDER DATED 19/2/2010 OF THE LAND REVENUE COMMISSIONER.

EXHIBIT P9 TRUE COPY OF LETTER DATED 17/3/2010 FROM THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 25/9/2020 IN WPC NO. 9400/2010.

EXHIBIT P11 TRUE COPY OF LETTER DATED 13/12/2020 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT ALONG WITH A MAHAZAR AND SKETCH.

EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 21/12/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF APPLICATION DATED 21/12/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P14 TRUE COPY OF APPLICATION DATED 21/12/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND PETITIONER.