Sree Venkitachalapathy Devaswom vs Revenue Divisional Officer
2021 Latest Caselaw 21075 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       WP(C) NO. 22321 OF 2021
PETITIONER:

          SREE VENKITACHALAPATHY DEVASWOM,
          PALLURUTHY, KOCHI 682 006,
          REPRESENTED BY ITS PRESIDENT, PURUSHOTHAMA RAO, S/O.
          MADHAVAN, PALLURUTHY P.O, KOCHI 682 006.

          BY ADVS.
          R.KRISHNA RAJ
          E.S.SONI
          KUMARI SANGEETHA S.NAIR
          RESMI A.



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001.

    2     TAHSILDAR (LAND RECORDS),
          CIVIL LANE ROAD, ECHAMUKU, CHEMBUMUKU, KOCHI 682 021.

    3     COCHIN CORPORATION,
          REPRESENTED BY ITS SECRETARY, CANNON SHED ROAD, MARINE
          DRIVE, ERNAKULAM-682 011

    4     SANDEEP DILEEP,
          S/O. DILEEP, SANDEEP VIHAR, 'SIVANIDHI', NEAR SVD
          TEMPLE, PALLURUTHY, KOCHI 682 006.

    5     SREEKUMAR,
          S/O. MANI, ;VRINDHAVAN', NEAR SVD TEMPLE, PALLURUTHY,
          KOCHI 682 006.

          BY ADV SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
          CORPORATION
 WP(C) NO. 22321 OF 2021
                              2

OTHER PRESENT:

         SMT. K AMMINIKUTTY - SR GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:4
 WP(C) NO. 22321 OF 2021
                                 3

                           JUDGMENT

The limited prayer made by the petitioner in this case is

that Ext.P4 statutory appeal preferred by them before the

Revenue Division Officer (RDO), Fort Kochi, under the

provisions of Section 16 of the Kerala Land Conservancy Act,

1957 (hereinafter, referred to as KLC Act), be directed to be

taken up and disposed of within a time frame fixed by this

Court.

2. The learned Senior Government Pleader submitted

that if the petitioner only requires Ext.P4 statutory appeal to be

taken up and disposed of by the first respondent - Revenue

Divisional Officer (RDO), these does not appear to be any

legal impediment on doing so; however, praying that no

affirmative declarations be made by this Court in favour of the

petitioner and liberty be granted to the said Authority to decide

upon it in terms of law.

Taking note of the afore submissions, I order this writ

petition to the limited extent of directing the first respondent, to

take up Ext.P4 statutory appeal of the petitioner and WP(C) NO. 22321 OF 2021

dispose of the same, after affording necessary opportunity of

being heard to them; thus culminating in an appropriate order

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

three months from the date of receipt of a copy of this

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.P3 will stand

deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 22321 OF 2021

APPENDIX OF WP(C) 22321/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE SETTLEMENT REGISTER.

Exhibit P2 COPY OF THE PROCEEDINGS OF THE THAHSILDAR.

Exhibit P3 COPY OF THE ORDER OF THE THAHSILDAR.

Exhibit P4 COPY OF THE APPEAL NO. 5601/2020 FILED BY THE PETITIONER.

Exhibit P5 COPY OF THE PETITION FILED BY THE PETITIONER IN APPEAL NO. 5601/2020.

Exhibit P6 COPY OF THE ORDER OF TEH 3RD RESPONDENT.