Suresh vs The Sub Collector
2021 Latest Caselaw 21679 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                       WP(C) NO. 22843 OF 2021
PETITIONER:

          SURESH
          AGED 53 YEARS
          S/O. KRISHNAN NAIR, CHELLIKATTUVELI, UZHUVA MURI,
          PATTANAKAD VILLAGE, CHERTHALA, ALAPPUZHA, PIN 688 539

          BY ADVS.
          B.PRAMOD(P-377)
          NAMITHA JYOTHISH



RESPONDENTS:

    1     THE SUB COLLECTOR
          REVENUE DIVISIONAL OFFICE, ALAPPUZHA, PIN 688 001

    2     THE TAHSILDAR,(LAND RECORDS)
          CHERTHALA TALUK, ALAPPUZHA DISTRICT 688 539

    3     THE VILLAGE OFFICER
          PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA
          DISTRICT 688 561

    4     THE ASSISTANT EXECUTIVE ENGINEER
          PWD ROADS SUB DIVISION, OFFICE OF THE ASSISTANT
          EXECUTIVE ENGINEER, CHERTHALA , ALAPPUZHA DISTRICT 688
          539

    5     DINESAN
          RADHA NIVAS, CHERTHALA, ALAPPUZHA DISTRICT 688 539



          SMT. RESMITHA RAMACHANDRAN.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22843 OF 2021
                                       2



                                JUDGMENT

The petitioner has approached this Court

impugning Ext.P15 notice, asserting

specifically that he has already preferred

Ext.P13 appeal before the 1st respondent; and

contending that any action based on the afore

notice pending the same is illegal and

unlawful.

2. In response, the learned Government

Pleader - Smt.Resmitha Ramachandran, submitted

that there does not appear to be any legal

impediment in the 1st respondent taking up

Ext.P13 appeal and disposing it of; but prayed

that this Court may not set aside Ext.P15,

since any action consequent to it will be taken

only after the 1st respondent issues orders on

Ext.P13 appeal.

WP(C) NO. 22843 OF 2021

Taking note of the afore, I order this writ

petition and direct the 1st respondent to take

up Ext.P13 Statutory Appeal of the petitioner

and dispose of same as per law, after affording

him an opportunity of being heard; thus

culminating in an appropriate order thereon

without any avoidable delay.

Needless to say, until such time as Ext.P13

is disposed of and the resultant order thereon

communicated to the petitioner, all action

pursuant to Ext.P15 will stand deferred.

I further make it clear that even if

Ext.P13 appeal is to end to the detriment of

the petitioner, further action based on Ext.P15

will be taken only after affording necessary

opportunity of being heard to the petitioner

again. I am persuaded to issue this direction

because the petitioner says that Ext.P15 has WP(C) NO. 22843 OF 2021

been issued based on a report obtained from the

2nd respondent - Tahsildar, which had been

settled without offering him an opportunity of

being heard.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/02/11/2021 WP(C) NO. 22843 OF 2021

APPENDIX OF WP(C) 22843/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO 779/1999 OF PATTANAKKAD, SRO DATED 23-03-1999

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 27-

03-1978 ISSUED TO RAMACHANDRAN NAIR.

Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 07-07-2015 WITH RESPECT TO PROPERTY COVERED BY EXT P1

Exhibit P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 13-

07-2017 EVIDENCING PAYMENT OF TAX FOR THE YEAR 2017-18

Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07-08-2003

Exhibit P6 TRUE COPY OF THE LOCATION SKETCH OF THE PETITIONER'S PROPERTY

Exhibit P7 TRUE COPY OF THE OWNERSHIP CERTIFICATED DATED 19-10-2021 ISSUED TO PETITIONER'S BUILDING BEARING REGISTRATION NO. 351/VII

Exhibit P8 TRUE COPY OF THE OWNERSHIP CERTIFICATED DATED 19-10-2021 ISSUED TO PETITIONER'S BUILDING BEARING REGISTRATION NO. 352/VII

Exhibit P9 TRUE COPY OF THE OWNERSHIP CERTIFICATED DATED 19-10-2021 ISSUED TO PETITIONER'S BUILDING BEARING REGISTRATION NO 353/VII

Exhibit P10 TRUE COPY OF THE PHOTOGRAPHS OF THE BUILDING CONSTRUCTED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF THE NOTICE DATED 01-01-2018 ISSUED BY THE 3RD RESPONDENT

Exhibit P12 TRUE COPY OF THE ORDER DATED 22-02-2018 WP(C) NO. 22843 OF 2021

PASSED BY THE 2ND RESPONDENT

Exhibit P13 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 27-03-2018

Exhibit P14 TRUE COPY OF THE COPY OF THE LETTER DATED 05-

03-2018 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT

Exhibit P15 TRUE COPY OF THE NOTICE DATED 18-10-2021 ISSUED TO PETITIONER BY THE 4TH RESPONDENT.