Kerala High Court
For Information Purpose Only vs Abraham Joseph on 1 March, 2021
WP(C) 3134/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Monday,the 1st day of March 2021/10th Phalguna, 1942
WP(C) No.3134/2021
For information purpose only
PETITIONER
ABRAHAM JOSEPH, AGED 70 YEARS,
S/O. JOSEPH, PUTHANPURAKKAL HOUSE, CHEMBALAM KARA,
PAMPADUMPARA VILLAGE, IDUKKI DISTRICT.
RESPONDENT
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. DISTRICT COLLECTOR,
IDUKKI, KUYILUMALA, PINAVU, IDUKKI DISTRICT - 685509.
3. ADDITIONAL TAHSILDAR (LA)
UDUMBANCHOLA TALUK OFFICE, NEDUMKANDAM - 685507.
4. VILLAGE OFFICER,
PAMPADUMPARA, PAMPADUMPARA VILLAGE OFFICE,
IDUKKI DISTRICT - 685505.
5. THE GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PAMPADUMPARA GRAMA
PANCHAYAT, OFFICE OF THE GRAMA PANCHAYAT, PAMPADUMPARA,
IDUKKI DISTRICT - 685505.
6. ANTONY JOSEPH @ PONNACHAN,
PALATHANAM HOUSE, CHEMBALAM KARA, PAMPADUMPARA VILLAGE,
IDUKKI DISTRICT, PIN - 685505.
ADDL. R7.THE TAHSILDAR (LAND RECORDS)
UDUMBANCHOLA TALUK OFFICE, NEDUMKANDAM,
IDUKKI DISTRICT-685 507.
IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 11.02.2021 IN
I.A.01/2021 IN WP(C) 3134/2021.
WP(C) 3134/2021 2/5
Writ Petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to stay the entire
proceedings in Exhibit P12, pending disposal of the above writ petition.
This petition again coming on for orders upon perusing the petition and the
affidavit filed in support of WP(C) and this Court's order dated 08.02.2021 and
For information purpose only
upon hearing the arguments of M/S MATHEW DEVASIA, A.C.DEVASIA AND
ANCY MATHEW, advocates for the petitioner, GOVERNMENT PLEADER for R1 to
R4, STANDING COUNSEL for R5 and of Sri. S.DILEEP(KALLAR), Advocate for
R6, the court passed the following:
pto
WP(C) 3134/2021 3/5
RAJA VIJAYARAGHAVAN V, J.
-------------------------
WP(C) No.3134 of 2021
-------------------------
Dated this the 1st day of March 2021
ORDER
For information purpose only
I have heard Sri.A.C.Devasia, the learned counsel appearing
for the petitioner, who points out that this Court by Exhibit-P9
judgment had directed the petitioner herein to apply for assignment of
the 5.5 cents of land comprised in Sy.No.25/1 of the Pampadumpara
Village, which has been in his possession. He points out that the
application for assignment was considered by the Special Tahsildar
(LA), Nedumkandam and his request was rejected on the ground that
the property in Sy.No.17/5 in Block No.55 is owned by the Panchayat.
He submits that the said conclusion is erroneous as in Exhibit-P7 as
well as in Exhibit-P12 it is stated in unequivocal terms that the
resurvey was conducted and the report of the Taluk Surveyor was to
the effect that the property is revenue land and neither any private
person nor the Panchayat has any right over the said item of
property.
2. The learned Standing Counsel appearing for the Panchayat
on instructions submitted that the Panchayat has no claim over the
property comprised in Sy.No.17/5 and undertakes to file a
statement.
WP(C) 3134/2021 4/5
3. If that be the case, the edifice of Ext.P11 order will fall to
the ground.
4. The learned Government pleader seeks an adjournment to file
a statement.
For Having
information purpose only
regard to the facts, there will be a stay of all further
proceedings pursuant to Ext.P12 for a period of four weeks.
RAJA VIJAYARAGHAVAN V, JUDGE
DSV
/true copy/
Sd/-
ASSISTANT REGISTRAR
WP(C) 3134/2021 5/5
EXHIBIT P7 - TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT
DATED 21.12.2012.
EXHIBIT P9 - TRUE COPY OF THE JUDGMENT IN WP(C) NO.938/2013 DATED
02.07.2019.
EXHIBIT P11 - TRUE COPY OF THE ORDER DATED 08.11.2019.
EXHIBIT P12 - TRUE COPY OF THE PROCEEDINGS AND THE ORDER FROM
THE 3RD RESPONDENT DATED 01.02.2021.
For information purpose only
