Girija vs State Of Kerala
2021 Latest Caselaw 21975 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                          WP(C) NO. 24122 OF 2021
PETITIONER:

     1        GIRIJA, WIFE OF LATE SRI.ANANDHAN, MANAKKALATH HOUSE,
              CHOORAKATTUKARA, PUZHAKKAL, THRISSUR - 680 555.

     2        ANOOP ANAND, SON OF LATE SRI.ANANDHAN, MANAKKALATH HOUSE,
              CHOORAKATTUKARA, PUZHAKKAL, THRISSUR - 680 555.

              BY ADVS.
              K.P.SANTHI
              NISHA G.THARAMAL
              TARA PREM
              SARIMOL KAREETHARA


RESPONDENTS:

     1        STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
              GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
              TRIVANDRUM - 695 001.

     2        THE REVENUE DIVISIONAL OFFICER
              CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.

     3        THE REGISTRAR (GENERAL), OFFICE OF THE DISTRICT
              REGISTRAR, THRISSUR - 680 020.

     4        THE TAHSILDAR (LR), THRISSUR TALUK OFFICE,
              THRISSUR - 680 020.

     5        NANDINI, DAUGHTER OF APPUKUTTAN,MANAKKALATH HOUSE,
              CHOORAKATTUKARA, AMALA NAGAR P.O., THRISSUR - 680 555.

     6        SHEEJA, DAUGHTER OF APPUKUTTAN, MANAKKALATH HOUSE,
              CHOORAKATTUKARA, AMALA NAGAR P.O., THRISSUR - 680 555.

     7        SASI, SON OF APPUKUTTAN, MANAKKALATH HOUSE,
              CHOORAKATTUKARA, AMALA NAGAR P.O., THRISSUR - 680 555.
 WPC 24122/21
                                        2



             SMT. SURYA BINOY- SR. G.P


      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   03.11.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 24122/21
                                          3



                              JUDGMENT

The singular prayer of the petitioners is

that the 2nd respondent - Revenue Divisional

Officer (RDO), be directed to take up and dispose

of Ext.P14 Statutory Appeal preferred by them,

within a time frame to be fixed by this Court.

2. Smt.Surya Binoy - learned Senior

Government Pleader, submitted that if the

petitioners only require Ext.P14 to be taken up

and disposed of by the 2nd respondent, there does

not appear to be any legal impediment in doing so;

but prayed that this Court may not make any

affirmative declarations on the entitlement of the

petitioner to any relief and leave it to the

competent Authority to take an appropriate

decision thereon. She added that she is making

this request because a question of limitation may

also arise in this case and therefore, that the

Authority may be allowed to consider the same as

per law.

WPC 24122/21

3. When I take note of the afore

submissions, it is without doubt that this Court

cannot deal with the merits of Ext.P14 in any

manner, while acting under Article 226 of the

Constitution of India.

I, therefore, allow this writ petition to the

limited extent of directing the 2nd respondent to

take up Ext.P14 Statutory Appeal of the

petitioners and to dispose of the same, after

hearing them; thus culminating in an appropriate

order thereon, as expeditiously as is possible,

but not later than two months from the date of

receipt of a copy of this judgment.

I reiteratingly clarify that I have not

considered any of the rival contentions of the

parties on its merits and that all questions,

including those of limitation, are left open to be

appositely considered by the 2nd respondent, while

the afore exercise is completed.

Sd/-

RR                                                  DEVAN RAMACHANDRAN
                                                            JUDGE
 WPC 24122/21

APPENDIX OF WP(C) 24122/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 1/1/2018 ISSUED BY VILLAGE OFFICER, PUZHAKKAL.

Exhibit P2 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE ISSUED BY VILLAGE OFFICER, PUZHAKKAL CERTIFYING MEMBERS OF DECEASED VELU DATED NIL.

Exhibit P3 TRUE COPY OF THE DOCUMENT NO.505/1119 OF S.R.O., AYYANTHOLE.

Exhibit P4 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 18/6/2018 ISSUED BY VILLAGE OFFICER, PUZHAKKAL.

Exhibit P5 TRUE COPY OF THE SETTLEMENT DATED NIL ARRIVED AT BETWEEN VELU AND APPUKUTTAN.

Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED 23/11/2020 ISSUED BY ADAT GRAMA PANCHAYAT.

Exhibit P7 TRUE COPY OF THE TAX RECEIPT DATED 15/5/2020 ISSUED BY THE VILLAGE OFFICER, PUZHAKKAL.

Exhibit P8 TRUE COPY OF THE RELEASE DEED NO.2896 OF 2018 OF S.R.O., AYYANTHOLE DATED 12/9/2018.

Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 10/12/2018 SUBMITTED BY THE 5TH RESPONDENT TO THE VILLAGE OFFICER, PUZHAKKAL.

Exhibit P10 TRUE COPY OF THE PARTITION DEED NO.1024 OF 2012 OF S.R.O., AYYANTHOLE DATED 13/3/2012.

Exhibit P11 TRUE COPY OF THE LETTER DATED 10/1/2019 WPC 24122/21

OF THE 4TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 5/2/2020 OF THE 3RD RESPONDENT.

Exhibit P13 TRUE COPY OF THE ORDER DATED 21/5/2020 OF THE 4TH RESPONDENT.

Exhibit P14 TRUE COPY OF THE APPEAL DATED 22/10/2021 SUBMITTED TO THE 2ND RESPONDENT.