Kerala High Court
P.V.Achuthan Nair vs The District Collector on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 25250 OF 2021
PETITIONER:
P.V.ACHUTHAN NAIR
AGED 73 YEARS
S/O. VASUDEVAN PILLAI, 'KRISHNA PRIYA', AETTIYADATH
HOUSE, UDYOGAMANDAL P.O., ELOOR, PIN-683 501, ERNAKULAM
DISTRICT
BY ADV P.K.ABOOBACKER(EDAPPALLY)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD, PIN-678 011
2 THE SUB COLLECTOR,
OTTAPALAM, PALAKKAD, PIN-673 122
3 THE THAHSILDAR,
TALUK OFFICE, MANARKKAD, PIN-678 583
4 THE VILLAGE OFFICER,
KOTTATHARA VILLAGE, AGALI P.O., PIN-678 581
SMT. SURYA BINOY- SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25250 OF 2021
2
JUDGMENT
Amidst the various allegations, averments
and assertions made and urged in this writ
petition, the petitioner seeks that 1st
respondent be directed to take up Ext.P8
representation and to dispose of the same,
after affording him an opportunity of being
heard.
2. The petitioner says that he is in
possession of 1.8627 hectars of land, comprised
of in Sy.Nos.436/8, 436/9, 544/4 and 524/69 of
Kottathara Village, on the strength of Sale
Deed bearing No.752/2008 dated 28.05.2008 of
the Agali SRO; and thus claims full right to
conduct agricultural operations therein without
any impediment from any person. He says that,
however, various persons are now causing
WP(C) NO. 25250 OF 2021
obstruction to this and therefore, that he has
been constrained to prefer Ext.P8
representation before the 1st respondent.
3. Smt.Surya Binoy - learned Senior
Government Pleader, opposed the afore request
made by Sri.P.K.Aboobacker - learned counsel
for the petitioner, for the reason that none of
the persons, who are stated to have objected to
the petitioner's possession, have been made
parties to this case. She submitted that,
therefore, if this Court is inclined to direct
the 1st respondent to dispose of Ext.P8, then
liberty may be reserved to him to hear not
merely the petitioner, but also every other
person who are likely to be affected.
4. When I consider the afore submissions,
it is without doubt that since the petitioner
says that his rights over the property is being
impeded by certain persons, they must also be
WP(C) NO. 25250 OF 2021
heard by the 1st respondent, if his request in
Ext.P8 is to be finally decided.
In the afore perspective, I order this writ
petition and direct the 1st respondent to take
up Ext.P8 representation of the petitioner,
after affording him as also any other
interested person, including those who are
found to be in possession of the property
through a site inspection; thus culminating in
an appropriate order and necessary action
thereon, as expeditiously as is possible, but
not later than three months from the date of
receipt of a copy of this judgment.
That being so ordered, all further action
based on Exts.P6 and P7 will stand deferred
until such time as the afore exercise is
completed and the resultant order communicated
to the petitioner.
It is needless to say that, the interim
WP(C) NO. 25250 OF 2021
order granted by this Court on 15.11.2021, as
per which, both sides were directed to maintain
status quo with respect to the property, will
continue to be in force.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/23/11/2021
WP(C) NO. 25250 OF 2021
APPENDIX OF WP(C) 25250/2021
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE PHOTO COPY OF THE SALE DEED
NO.752/2008 DATED 28.5.2008 OF THE AGALI SUB
REGISTRY
Exhibit P2 THE TRUE PHOTO COPY OF THE PURCHASE
CERTIFICATE NO.1974 DATED 31.7.2014 ISSUED BY
THE 2ND RESPONDENT
Exhibit P3 THE LAND TAX RECEIPT NO.1042306 DATED
21.4.2021 ISSUED BY THE 4TH RESPONDENT FOR
2021-22
Exhibit P4 THE TRUE COPY OF THE LETTER DATED 16.5.2019 -
ISSUED BY THE 3RD RESPONDENT
Exhibit P5 THE TRUE COPY OF THE ORDER NO.T.L.A.1083/87
DATED 11.6.2019 BY THE 2ND RESPONDENT
Exhibit P6 THE TRUE COPY OF THE ORDER NO.T.L.A.1083/87
(III) DATED 18.9.2021 ISSUED BY THE 2ND
RESPONDENT
Exhibit P7 THE TRUE COPY OF THE STOP MEMO NO255/21 DATED
14.10.2021 ISSUED BY THE 4TH RESPONDENT
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED
18.01.2021 FILED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
