Fr. Jacob Kurian vs The District Collector
2021 Latest Caselaw 13096 Ker

WP(C) NO. 12054 OF 2021        1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                    WP(C) NO. 12054 OF 2021
PETITIONER:

           FR. JACOB KURIAN
           AGED 58 YEARS
           S/O. KURIAN, VICAR,ST. PETERS AND ST. PAULS SYRIAN
           CHURCH, KOLENCHERRY, ERNAKULAM DISTRICT-682311.

           BY ADV PRASAD CHANDRAN


RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION, KAKKANAD-682030.

    2      THE TAHSILDAR,
           KUNNATHUNAD TALUK, OFFICE OF THE TAHSILDAR,
           PERUMBAVOOR, PIN-683542.

    3      THE VILLAGE OFFICER
           AIKKARANADU SOUTH VILLAGE, VILLAGE OFFICE,
           KOLENCHERRY P.O., ERNAKULAM-682311.

    4      THE POOTHRIKKA GRAMA PANCHAYATH
           REPRESENTED BY ITS SECRETARY, POOTHRIKKA P.O.,
           PUTHENCRUZ-682308.

    5      THE SECRETARY
           POOTHRIKKA GRAMA PANCHAYAT, POOTHRIKKA P.O.,
           PUTHENCRUZ-682308.

    6      MATHEW PAUL,
           KUNNATH HOUSE, KINGINIMATTOM P.O., KOLENCHERRY,
           ERNAKULAM DISTRICT-682311.

    7      K.P. PAULOSE,
           KUTTIPARICHEL HOUSE, KINGINIMATTOM P.O.,
           KOLENCHERRY, ERNAKULAM DISTRICT-682311.
 WP(C) NO. 12054 OF 2021          2

         SMT VIDHYA A C, GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12054 OF 2021             3



                               JUDGMENT

The petitioner claims that he is the Vicar in St.Peters and St.Pauls

Syrian Church, Kolenchery. An item of property having an extent of about

52 cents in Old Survey No.600/3 of the Aikaranadu South Village is stated

to belong to the Church as per Thandapper No.1078. It is the case of the

petitioner that after Re-Survey, the property was shown as purambok in

Re-Survey Nos.29/1 and 30/4 in Block No.48 of the Aikaranadu South

Village. In the said circumstances, the petitioner submitted Ext.P3

representation before the 2nd respondent to rectify the mistake which has

crept into the Re-Survey records. When no action was taken, he followed

it up with Ext.P5 representation. The petitioner states that Exhibit-P5 was

forwarded by the 2nd respondent for enquiry and the Village Officer had

submitted a report, a copy of which is produced as Exhibit-P6. The

petitioner contends that Exhibit-P8 notice was issued to the petitioner as

well as the party respondents herein and they were called upon to appear

before the Tahsildar on 15.4.2021. It is contended that though the parties

were heard, no orders have been passed till date. It is in the afore

circumstances that the petitioner has approached this Court seeking a

direction to the 2nd respondent to take a final decision on Exhibits-P3 and

P5 requests submitted by the petitioner in an expeditious manner.

2. The learned Government Pleader was directed to get

instructions.

3. It is submitted by the learned Government Pleader that in the

course of hearing the Secretary of the Poothrikka Grama Panchayat raised

a claim over the property and they also volunteered to produce their

Deeds. One Mathew Paul, a neighbour, also raised objections and

volunteered to produce documents. However, due to their failure to

appear and produce the documents owing to the restrictions imposed due

to the pandemic, the entire exercise was delayed. It is submitted that the

matter can be expedited and a decision can be taken without delay.

4. I have considered the submissions advanced. It appears from

the submissions that the presence of the contesting parties have been

secured by the 2nd respondent and they were also heard. In view of the

order that I propose to pass, notice to the party respondents are dispensed

with. Necessary directions can be issued to the 2nd respondent to

conclude the proceedings in an expeditious manner, after hearing all

concerned.

Resultantly, this writ petition will stand disposed of with a direction

to the 2nd respondent to conclude the proceedings initiated on the basis of

Exts.P3 and P5 after affording the petitioner as well as the party

respondents an opportunity of being heard. The entire exercise shall be

completed by the 2nd respondent within a period of two months from the

date of receipt of a copy of this judgment. The petitioner shall produce a

copy of the writ petition along with the judgment before the 2nd

respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 12054/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE THANDAPER REGISTER OF AIKKARANADU SOUTH VILLAGE CONTAINING THE PROPERTY DETAILS OF THE CHURCH VIDE THANDAPER NO.457.

Exhibit P2 TRUE COPY OF THE BASIC TAX REGISTER OF AIKKARANADU SOUTH VILLAGE PERTAINING TO THE PROPERTY IN RE.SY.29/1 AND 30/4.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13/01/2014.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20/01/2014.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 17/09/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER TO THE TAHSILDAR DATED 29/09/2014.

Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.8135/2021 DATED 29/03/2021.

Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT VIDE NO.C5-778/14 DATED 09/04/2021.

RESPONDENTS' EXHIBITS:

NIL