The M.G.M Higher Secondary School vs The District Collector
2021 Latest Caselaw 21078 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. 17255 OF 2021
PETITIONER:

          THE M.G.M HIGHER SECONDARY SCHOOL,
          THIRUVALLA PATHANAMTHITTA DISTRICT , KERALA 689 101 ,
          REPRESENTED BY BISHOP, YUHANON MAR MELETIUS, AGED 67
          YEARS, THE CORPORATE MANAGER, CATHOLICATE AND M.D.
          SCHOOLS, DEVALOKAM, KOTTAYAM - 686 604.

          SRI.P.M.JOSHI
          SRI.SIJI K.PAUL
          SMT.ELIZABETH KOSHY



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          PATHANAMTHITTA DISTRICT KERALA, 689 101.

    2     TAHSILDAR,
          (LAND RECORDS), TALUK OFFICE, THIRUVALLA.

    3     TAHSILDAR,
          TALUK OFFICE, THIRUVALLA.

    4     THE DISTRICT SURVEY SUPERINTENDENT
          AND DEPUTY DIRECTOR SURVEY AND LAND RECORDS (RANGE),
          PATHANAMTHITTA DISTRICT 689 648.

    5     THE VILLAGE OFFICER,
          THIRUVALLA VILLAGE, THIRUVALLA TALUK.



          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:
 WP(C) NO. 17255 OF 2021
                                  2


                               JUDGMENT

The petitioner impugns Ext.P11, but I am of the view

that this Court will not be justified in entering into the merits

of the same, because they have already invoked the

jurisdiction of the District Collector, Pathanamthitta, through

Ext.P12.

2. The learned Senior Government Pleader,

Smt.K.Amminikutty, also affirmed that Ext.P12 is pending and

that the District Collector will consider the same, if this Court

is so inclined.

3. The learned counsel for the petitioner, Sri.P.M.Joshi,

at this time, pointed out that his client has also preferred

Ext.P14 before the second respondent - Tahsildar because, if

there are mistakes in the resurvey, then the same will also

require to be corrected in terms of law.

4. When I hear Sri.P.M.Joshi as afore, it is without doubt

that if Ext.P14 is still pending, then the second respondent -

Tahsildar will need to take up the same and issue appropriate

orders thereon, after affording an opportunity of being heard

to the petitioner, consequent to which they will be at liberty WP(C) NO. 17255 OF 2021

to approach the Collector for disposal of Ext.P12.

5. Resultantly, I allow this writ petition and direct the

Tahsildar to take up Ext.P14 application of the petitioner and

dispose of the same, after affording an opportunity of being

heard to them; thus culminating in an appropriate decision

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

months from the date of receipt of a copy of this judgment.

6. After the Tahsildar disposes of Ext.P14 as afore, the

petitioner will be at liberty to produce the resultant order

before the District Collector, who will thereupon, take up

Ext.P12 and decide on it, after hearing the petitioner

appropriately; thus leading to an apposite order on it as per

law.

Until such time as Ext.P12 is so disposed of, all further

action pursuant to Ext.P11 will stand deferred.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 17255 OF 2021

APPENDIX OF WP(C) 17255/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGE OF THE SETTLEMENT REGISTER IN RESPECT OF PROPERTY IN OLD SY NOS. 29 TO 31.

Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE FIELD REGISTER BLOCK NO. 131.

Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE FIELD REGISTER OF BLOCK NO. 132.

Exhibit P4 THE TRUE COPY OF THE NOTICE NO. B3-L84 DATED 28.12.2018 ISSUED TO PETITIONER FROM THE 3RD RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE NOTICE NO. C5-

200074/19 DATED 6.11.2019 ISSUED BY THE IST RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE REPLY DATED 20.11.2019 SUBMITTED BY THE PETITIONER TO THE IST RESDPOENT.

Exhibit P7 THE TRUE COPY OF THE LETTER DATED 5.12.2019 ISSUED BY THE ASSISTANT DIRECTOR OF CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM.

Exhibit P8 THE TRUE COPY OF THE REPLY LETTER DATED 1.12.2020.

Exhibit P9 THE TRUE COPY OF THE REQUEST LETTER DATED 13.11.2020 SUBMITTED TO THE IST RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE REPLY LETTER DATED 31.12.2020 ISSUED FROM THE CENTRAL ARCHIVES.

WP(C) NO. 17255 OF 2021

Exhibit P11 THE TRUE COPY OF THE NOTICE NO. C5-

200074/19 DATED 3.12.2020 ISSUED BY THE IST RESPONDENT.

Exhibit P12 THE TRUE COPY OF APPEAL DATED 11.01.2021 TO THE IST RESPONDENT.

Exhibit P13 THE TRUE COPY OF THE LETTER DATED 29.06.2021 ISSUED BY 5TH RESPONDENT TO THE PETITIONER.

Exhibit P14 THE TRUE COPY OF THE APPLICATION DATED 3.8.2021 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT.