K.M.Stephen vs The Tahasildar ( Lr )
2021 Latest Caselaw 22321 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 24224 OF 2021
PETITIONER:

          K.M.STEPHEN,
          AGED 59 YEARS
          S/O.MANI, KANIYARAKUZHIYIL HOUSE, KARIMKUNNAM P.O.,
          KARIMKUNNAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ



RESPONDENTS:

    1     THE TAHASILDAR ( LR ),
          TALUK OFFICE, MUVATTUPUZHA TALUK, MUVATTUPUZHA, KERALA-
          686 673.

    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA,
          KERALA-686 673.

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.

    4     THE VILLAGE OFFICER, KARIMKUNNAM VILLAGE,
          IDUKKI DISTRICT, PIN-685 586.

    5     DEPUTY THAHASILDHAR, THODUPUZHA TALUK OFFICE,
          THODUPUZHA, KERALA-685 584.

    6     THE THAHASILDHAR, REVENUE DEPARTMENT,
          TALUK OFFICE, MUVATTPUZHA TALUK, MUVATTUPUZHA,
          KERALA-686 673.

          SMT. SURYA BINOY- SR. G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24224 OF 2021              2

                              JUDGMENT

The petitioner only seeks that his statutory

Revision Petitions, namely Exts.P7, P8 and P9, filed

before the 3rd respondent - District Collector, under

the provisions of Section 16(2) of the Kerala Land

Conservancy Act, 1957 ('LC Act' for Short), be

directed to be taken up and disposed of within a

time frame to be fixed by this Court.

2. The petitioner says that he has also

preferred Exts.P14, P17 and P20 applications for

stay and pleads that the District Collector be

directed to consider the same and issue apposite

orders thereon; until which time, all further

coercive action against him be ordered to be

deferred.

3. The learned Senior Government Pleader,

Smt.Surya Binoy, submitted that if the petitioner

only requires his stay applications to be considered

by the District Collector, 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 be decided by the competent

Authority, in terms of law.

4. When I consider the afore submissions, it is

without doubt that if Exts.P14, P17 and P20 Stay

Petitions are still pending before the District

Collector, then certainly, the said Authority must

consider the same and take a decision thereon. Of

course, he is also obligated to consider the

statutory Revision Petitions without any avoidable

delay thereafter.

In such perspective, I allow this writ petition

to the limited extend of directing the 3rd respondent

- District Collector, to take up Exts.P14, P1 and

P20 stay applications and dispose of the same, after

affording an opportunity of being heard to the

petitioner; thus leading to appropriate

orders/action thereon, as expeditiously as is

possible, but not later than one month from the date

of receipt of a copy of this judgment.

It goes without saying that until the afore

exercise is completed and the resultant order

communicated to the petitioner, all further action

pursuant to Ext.P10 to P12 will stand deferred.

I further direct the District Collector to

complete proceedings on Exts.P7, P8 and P9 Statutory

Revisions, after following due procedure, without

any avoidable delay thereafter, but not later than

three months from the date on which orders on the

afore mentioned interim applications are issued.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/9.11

APPENDIX OF WP(C) 24224/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.C7-3585/2019-

LC-20/2019 DATED 10.01.2020 PASSED BY THE FIRST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.C7-3582/2019-

LC-21/2019 PASSED BY THE FIRST RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO.C7-8197/2019-

LC-22/2019 DATED 10.01.2020 PASSED BY THE FIRST RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO.A12/1720/2020/D.DIS DATED 16.11.2020 ISSUED BY THE SECOND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER NO.A12/1721/2020/D.DIS DATED 16.11.2020 ISSUED BY THE SECOND RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER NO.A12/1722/2020/D.DIS DATED 16.11.2020 ISSUED BY THE SECOND RESPONDENT.

Exhibit P7 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 15.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT AGAINST EXHIBIT P4 WITHOUT ANNEXURE.

Exhibit P8 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 15.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT AGAINST EXHIBIT P5 WITHOUT ANNEXURE.

Exhibit P9 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 15.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT AGAINST EXHIBIT P6 WITHOUT ANNEXURE.

Exhibit P10 TRUE COPY OF THE DEMAND NOTICE DATED 12.07.2021 ISSUED BY THE FIFTH RESPONDENT IN CONNECTION WITH EXHIBIT P1 AND P4.

Exhibit P11 TRUE COPY OF THE DEMAND NOTICE DATED 12.07.2021 ISSUED BY THE FIFTH RESPONDENT IN CONNECTION WITH EXHIBIT P2 AND P5.

Exhibit P12 TRUE COPY OF THE DEMAND NOTICE DATED 01.07.2021 ISSUED BY THE FIFTH RESPONDENT IN CONNECTION WITH EXHIBIT P3 AND P6.

Exhibit P13 TRUE COPY OF THE DELAY PETITION DATED 15.7.2021 SUBMITTED ALONG WITH EXHIBIT P7 REVISION.

Exhibit P14 TRUE COPY OF THE STAY PETITION DATED 15.7.2021 SUBMITTED ALONG WITH EXHIBIT P7 REVISION PETITION.

Exhibit P15 TRUE COPY OF THE RECEIPT DATED 15.7.2021 ISSUED FROM THE OFFICE OF THIRD RESPONDENT IN CONNECTION WITH EXHIBIT P7 REVISION PETITION.

Exhibit P16 TRUE COPY OF THE DELAY PETITION DATED 15.7.2021 SUBMITTED ALONG WITH EXHIBIT P8 ENVISION PETITION.

Exhibit P17 TRUE COPY OF THE STAY PETITION DATED 15.7.2021 SUBMITTED ALONG WITH EXHIBIT P8 REVISION PETITION.

Exhibit P18 TRUE COPY OF THE RECEIPT DATED 15.7.2021 ISSUED FROM THE OFFICE OF THIRD RESPONDENT IN CONNECTION WITH EXHIBIT P8 REVISION PETITION.

Exhibit P19 TRUE COPY OF THE DELAY PETITION DATED 15.7.2021 SUBMITTED ALONG WITH EXHIBIT P9 REVISION PETITION.

Exhibit P20 TRUE COPY OF THE STAY PETITION DATED 15.7.2021 SUBMITTED ALONG WITH EXHIBIT P9 REVISION PETITION.

Exhibit P21 TRUE COPY OF THE RECEIPT DATED 15/7/221 ISSUED FROM THE OFFICE OF THIRD RESPONDENT IN CONNECTION WITH EXHIBIT P9 REVISION PETITION.