Girish Kizhakkepattu vs The District Collector
2021 Latest Caselaw 20524 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 20792 OF 2021
PETITIONER:

            GIRISH KIZHAKKEPATTU, AGED 49 YEARS
            S/O.SUDHAKARAN VAIDYAR (LATE), AMBILAD DESOM,
            KOOTHUPARAMBA P.O., KOOTHUPARAMBA VILLAGE, KANNUR
            DISTRICT 670 643

            SRI.MUHAMMED YASIL
            SRI.ROSIN JOSEPH
            SMT.AMRITA ARUN



RESPONDENTS:

    1       THE DISTRICT COLLECTOR, CIVIL STATION,
            COLLECTORATE OFFICE, ERANHIPPALAM, KOZHIKODE 673 020

    2       TAHSILDAR, CIVIL STATION, COLLECTORATE OFFICE,
            ERANHIPPALAM, KOZHIKODE 673 020

    3       TOWN SURVEYOR (NORTH)
            TALUK OFFICE, KOZHIKODE 673 020

    4       THE VILLAGE OFFICER
            VILLAGE OFFICE, KACHERI VILLAGE, EAST HILL, KOZHIKODE
            DISTRICT 673 005

    5       DEPUTY COLLECTOR (LAND RECORDS)
            CIVIL STATION, COLLECTORATE OFFICE, ERANHIPPALAM,
            KOZHIKODE 673 020

    6       RADHAKRISHNAN M., AGED 70 YEARS
            MADURAMKANDI HOUSE, VENDERI P.O., KOZHIKODE 673 010

            SRI ASHWIN SETHUMADHAVAN - SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20792 OF 2021
                                      2


                                JUDGMENT

The petitioner has approached this Court impugning

Ext.P10, however, conceding that he has already preferred

Ext.P11 appeal against it before the first respondent -

District Collector. He, therefore, prays that either this

Court set aside Ext.P10; or in the alternative, direct the first

respondent to take up Ext.P11 appeal and dispose it of,

within a time frame to be fixed by this Court.

2. The learned Senior Government Pleader, Sri.Aswin

Sethumadhavan, submitted that there is no legal

impediment in Exhibit P11 appeal being decided by the first

respondent; but prayed that this Court may not enter into

the merits of Ext.P10 and allow the said respondent to

consider the appeal in terms of law.

3. Taking note of the afore submissions, I allow this

writ petition, directing the 1st respondent to take up and

dispose of Ext.P11, adverting to Ext.P15 hearing note and

after affording an opportunity of being heard to the

petitioner; thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not later than

four months from the date of receipt of a copy of this WP(C) NO. 20792 OF 2021

judgment.

Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the

petitioner, all further action pursuant to Ext.P10 order will

stand deferred.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 20792 OF 2021

APPENDIX OF WP(C) 20792/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE K.DIS B4-12469/2013 DATED 30.8.2013

Exhibit P2 A TRUE COPY OF THE PARTITION DEED NO.2737/82 DATED 12.12.1982 OF SRO KOZHIKODE

Exhibit P3 A TRUE COPY OF THE SALE DEED NO.1373/73 OF SRO KOZHIKODE DATED 24.8.1973

Exhibit P4 A TRUE COPY OF THE KREYA CERTIFICATE DATED 19.5.1977

Exhibit P5 A TRUE COPY OF THE LAND TAX RECEIPT DATED 29.6.2021

Exhibit P6 A TRUE COPY OF THE THANDAPER ACCOUNT NO.3015 DATED 4.3.2021 ISSUED BY THE VILLAGE OFFICER

Exhibit P7 A TRUE COPY OF THE REJECTION ORDER DATED 12.5.2015 OBTAINED THROUGH RIGHT TO INFORMATION ACT ISSUED BY THE DEPUTY TAHSILDAR, TALUK OFFICE, KOZHIKODE

Exhibit P8 A TRUE COPY OF THE APPLICATION FILED BY THE 6TH RESPONDENT DATED 5.11.2016 BEFORE THE 2ND RESPONDENT AND THE SAME OBTAINED THROUGH RIGHT TO INFORMATION ACT FROM THE DEPUTY TAHSILDAR, TALUK OFFICE, KOZHIKODE.

Exhibit P9 A TRUE COPY OF THE SURVEY REPORT DATED 19.3.2018 PREPARED BY THE TOWN SURVEYOR, KOZHIKODE NORTH OBTAINED THROUGH RIGHT TO INFORMATION ACT.

Exhibit P10 A TRUE COPY OF THE ORDER DATED 3.11.2018 OF THE 2ND RESPONDENT WP(C) NO. 20792 OF 2021

Exhibit P11 A TRUE COPY OF THE APPEAL DATED 28.11.2018 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P12 A TRUE COPY OF THE REPRESENTATION DATED 5.3.2019 SUBMITTED BEFORE THE 1ST RESPONDENT

Exhibit P13 A TRUE COPY OF THE HEARING NOTICE DATED 1.6.2019

Exhibit P14 A TRUE COPY OF THE HEARING NOTICE DATED 23.8.2019

Exhibit P15 A TRUE COPY OF THE HEARING NOTICE DATED 6.9.2019