V.M. Mani vs The Land Revenue Commissioner
2021 Latest Caselaw 20738 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                       WP(C) NO. 21152 OF 2021
PETITIONER:

          V.M. MANI, AGED 66 YEARS
          S/O. VELANDI, GENERAL SECRETARY, ALL KERALA HINDU
          HARIJAN ARUNTHATHIYAR, SAMUDAYA SANGAM, HEAD OFFICE AT
          MULLANKUZHY, NETHAJI NAGAR, COLLECTORATE P.O, KOTTAYAM,
          PIN - 686002.

          SRI.M.V.THAMBAN
          SRI.R.REJI
          SMT.THARA THAMBAN
          SRI.B.BIPIN
          SRI.ARUN BOSE
          SRI.SUNEESH KUMAR R.



RESPONDENTS:

    1     THE LAND REVENUE COMMISSIONER
          DIRECTORATE OF LAND REVENUE, THIRUVANANTHAPURAM,
          PIN - 695001,

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE (P.O), KOTTAYAM, KOTTAYAM DISTRICT, PIN -
          686001.

    3     THE SPECIAL TAHSILDAR
          (LAND ACQUISITION RAILWAY) COLLECTORATE (P.O),
          KOTTAYAM, KOTTAYAM DISTRICT, PIN - 686001.

    4     THE VILLAGE OFFICER,
          VILLAGE OFFICE, MUTTAMBALAM (P.O), KOTTAYAM, PIN -
          686002.

    5     THE TAHSILDAR,
          TALUK OFFICE, KOTTAYAM, PIN - 686001.

    6     KOTTAYAM MUNICIPALITY,
          MUNICIPAL OFFICE, KOTTAYAM, REPRESENTED BY ITS
          SECRETARY, PIN - 686001.
 WP(C) NO. 21152 OF 2021
                                      2




     7          THE SOUTHERN RAILWAY,
                CHENNAI, REPRESENTED BY ITS GENERAL MANAGER,
                PARK TOWN, CHENNAI, TAMILNADU, PIN- 600003,

     8          THE EXECUTIVE ENGINEER.
                CONSTRUCTIONS, SOUTHERN RAILWAY, KOTTAYAM, PIN -
                686001.

     9          THE DEPUTY CHIEF ENGINEER.
                CONSTRUCTIONS, SOUTHERN RAILWAY, ERNAKULAM -
                682016.

    10          THE ASSISTANT EXECUTIVE ENGINEER.
                CONSTRUCTIONS, SOUTHERN RAILWAY, ERNAKULAM -
                682016.

                SMT. SURYA BINOY- SR. G.P
                SRI.A.DINESH RAO
                SRI.SIBI CHENAPPADY.


         THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   05.10.2021,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 21152 OF 2021
                                3


                             JUDGMENT

The petitioner is stated to be the General Secretary of an

Association by name "All Kerala Hindu Harijan Arunthathiyar

Samudaya Sangam" and says that he has preferred Ext.P3

appeal under Section 21(1) of the Kerala Land Assignment

Rules, 1964, accompanied by Ext.P4 application for stay and

Ext.P5 application for condonation of delay; and prays that the

same be directed to be taken up and disposed of by the first

respondent - Land Revenue Commissioner, within a time frame

to be fixed by this Court.

2. The learned Senior Government Pleader, Smt.Surya

Binoy, submitted that Ext.P3 appeal does not bear any indication

that it has been preferred by the afore said Association, because

the appellant therein is the petitioner in his personal capacity,

though he has described himself to be the General Secretary of

the said Association. She then pointed out that the delay, which

has been sought to be condoned through Ext.P5, is over 5,000

days and therefore, prayed that this Court may not allow this writ

petition.

3. Sri.A.Dinesh Rao, learned standing counsel appearing for WP(C) NO. 21152 OF 2021

respondents 7 to 10 and Sri.Sibi Chenappady for the sixth

respondent, submitted that if this Court is inclined to grant

any order to the petitioner, then his clients may also be

directed to be given an opportunity of being heard by the

competent Authority.

4. When I consider the afore submissions, it is clear that

this Court cannot enter into the merits of the contentions of

the learned Senior Government Pleader because the matter is,

admittedly, pending before the first respondent - Land

Revenue Commissioner. How the Authority deals with the

same is not something into which this Court can enter into at

this stage.

5. In the afore circumstances, I allow this writ petition

and direct the first respondent to take up Exts.P3, P4 and P5

appeal and applications and dispose of the same, after affording

an opportunity of being heard to the petitioner, as also to the

officers concerned of respondents 6 to 10; thus culminating in

appropriate decisions thereon, as expeditiously as is possible,

but not later than three months from the date of receipt of a

copy of this judgment.

WP(C) NO. 21152 OF 2021

I make it clear that the first respondent will be at liberty to

consider Ext.P5 first and then take up Exts.P4 and P3

applications for stay and appeal respectively as per law.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 21152 OF 2021

APPENDIX OF WP(C) 21152/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 11.09.2007 IN WP(C) NO. 24860/2007.

Exhibit P2 TRUE COPY OF THE COMMUNICATION BEARING NO.

E3-15713/2007 DATED 12.09.2007 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, BY THE APPELLANT ON 25.09.2021.

Exhibit P3 TRUE COPY OF THE EXTRACT OF THE MEMORANDUM OF APPEAL FILED BEFORE THE 1ST RESPONDENT WITHOUT ANY DOCUMENT.

Exhibit P4 TRUE COPY OF STAY PETITION FILED BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPLICATION FOR CONDONATION OF DELAY IN FILING EXHIBIT P3 APPLICATION, ERNAKULAM.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 29.09.2021 BEARING NO. J2/2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.