T.M.Thomas vs The District Collector
2021 Latest Caselaw 18402 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                       WP(C) NO. 16862 OF 2021
PETITIONER:

          T.M.THOMAS
          AGED 75 YEARS
          S/O.MATHAI, THADATHUKALAYIL, NALKALICKAL P.O.,
          ARANMULA, PIN - 689 533.

          BY ADVS.
          D.KISHORE
          MEERA GOPINATH
          R.MURALEEKRISHNAN (MALAKKARA)
          ARYA JOSEPH



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          2ND FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA, PIN -
          689 645.

    2     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, ADOOR, PIN - 691 523.

    3     THE ADDITIONAL TAHSILDAR,
          KOZHENCHERRY TALUK, TALUK OFFICE, PATHANAMTHITTA,
          PIN - 689 645.

    4     THE VILLAGE OFFICER
          VILLAGE OFFICE, KIDANGANNOOR, PATHANAMTHITTA,
          PIN - 689 514.

    5     V.N.KUTTAPPAN
          VAZHAYIL PUTHUPARAMBIL, NALCKALICKAL P.O., ARANMULA,
          PIN - 689 533.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16862 OF 2021

                               2


                           JUDGMENT

The petitioner has approached this Court with a

singular plea that his statutory appeal filed before the

District Collector, Pathanamthitta, under the provisions of

the Kerala Survey and Boundaries Act and Rules, namely

Ext.P6, be directed to be taken up and disposed of within a

time frame to be fixed by this Court.

2. In response, the learned Special Government

Pleader, Sri.Hanil Kumar, submitted that if Ext.P6 is still

pending before the competent Authority, then there does

not appear to be any legal impediment in the same being

disposed of in terms of law; however, praying that this

Court may not make any affirmative declarations as to the

entitlement of the petitioner to any relief and leave it to the

competent Authority to take a decision on it in terms of

law..

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

writ petition and direct the first respondent - District

Collector to take up Ext.P6 and dispose it of, if it is still WP(C) NO. 16862 OF 2021

pending, after affording an opportunity of being heard to

the petitioner; thus culminating in an appropriate decision

thereon as expeditiously as is possible, but not later than

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

judgment.

If, on the other hand, Ext.P6 has already been

disposed of, then the first respondent - District Collector

will ensure that a copy of the resultant order is

communicated to the petitioner within a period of one

month from the date of receipt of a copy of this judgment

through registered post AD in the address shown in this

writ petition and I leave full liberty to the petitioner to

invoke any other remedy that he may require against the

same as per law.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 16862 OF 2021

APPENDIX OF WP(C) 16862/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.591/1998 OF ARANMULA SRO.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 6/9/2007 PERTAINING TO THE PETITIONER'S PROPERTY IN SURVEY NO.454/17 OF KIDANGANNOOR VILLAGE.

Exhibit P3 TRUE COPY OF THE PETITION DATED 27/12/2013 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE PETITION DATED 7/1/2014.

Exhibit P5 TRUE COPY OF THE ORDER DATED 7/12/2018.

Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 15/3/2019.

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 11/2/2021 ISSUED BY THE 1ST RESPONDENT.