Kerala High Court
Antony Mathew vs Rajendra Prasad on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 18558 OF 2021
PETITIONER:
ANTONY MATHEW
AGED 73 YEARS
S/O.MATHEW, THARAPPEL VEEDU, KOLLAMULLA VILLAGE, KUNNAM, RANNY,
MANNADISALA P.O., PATHANAMTHITTA-686511.
BY ADV T.K.BIJU (MANJINIKARA)
RESPONDENTS:
1 RAJENDRA PRASAD
VALLIYATHU VEEDU, PERINGALA P.O., MAVELIKKARA, ALAPPUZHA
DISTRICT-690537.
2 PADMAJA,
PUTHIYAZHATHU VEEDU, PERINGALA P.O., MAVELIKKARA, ALAPPUZHA
DISTRICT-690537.
3 SUSHAMA,
PLAMOOTTIL THEKKETHIL VEETTIL, NELLANICKALPUTHUPPALLI VILLAGE,
PUTHUPPALLY P.O., KARTHIKAPPILLY, ALAPPUZHA DISTRICT-690527.
4 SREEKALA,
VALIYATHU VEEDU, PERINGALA P.O., ALAPPUZHA DISTRICT-690537.
5 RATHNAMMA,
VALIYATHU VEEDU, PERINGALA P.O., ALAPPUZHA DISTRICT-690537.
6 SREEKUMAR,
VALLYATHU VEEDU, PERINGALA P.O., ALAPPUZHA DISTRICT-690537.
7 MATHEW P.M.,
POWATHU VEEDU, KOLLAMULLA VILLAGE, MANNADISSALA P.O.,
PATHANAMTHITTA DISTRICT-686511.
8 THE TAHSILDAR,
LAND REVENUE, RANNY P.O., PATHANAMTHITTA DISTRICT-689672.
9 THE DISTRICT COLLECTOR,
PATHANAMTHITTA DISTRICT, PATHANAMTHITTA P.O., 689647.
BY SRI.HANIL KUMAR-SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18558 OF 2021
2
JUDGMENT
The petitioner has approached this Court with a singular plea
that Exts.P5 and P6 applications, preferred by him before the 8 th
respondent - Tahsildar and 9 th respondent - District Collector
respectively, be directed to be taken up and disposed of by the said
Authorites within a time frame to be fixed by this Court.
2. When this matter was called today, the learned Special
Government Pleader - Sri.Hanil Kumar, submitted that since the 8 th
respondent is the original Authority and the 9 th respondent being
the Appellate Authority, this Court may permit the former to take
up Ext.P5 and dispose it of in terms of law, after hearing the
petitioner as also the contesting party respondents. He submitted
that if this Court allows the said Authority to do so, necessary
orders thereon can be issued without any further delay.
3. On hearing, the learned Special Government Pleader as
afore, Sri.T.K.Biju, learned counsel for the petitioner, submitted
that if this Court is directing Ext.P5 to be disposed of by the 8th
respondent, then the said Authority may be also directed to permit
his client to produce all relevant documents at the time of hearing
and to thus assess the same thoroughly.
4. When I consider the afore submissions, it is without
WP(C) NO. 18558 OF 2021
doubt that since the petitioner has already invoked the jurisdiction
of the 8th respondent through Ext.P5, same will require to be taken
up and disposed of, because he is the original Authority. Needless
to say, while doing so, he must also hear all the parties, including
the petitioner.
Resultantly, this writ petition is allowed and the 8 th
respondent is directed to take up Ext.P5 application of the
petitioner and to dispose it of, after affording necessary
opportunities of being heard and to produce documents, to the
petitioner as well as to respondents 1 to 7; thus culminating in an
appropriate order thereon, as expeditiously as is possible but not
later than two months from the date of receipt of a copy of this
judgment.
Needless to say, depending upon the decision to be taken by
the 8th respondent as afore, the petitioner and other party
respondents will be at liberty to invoke all their further remedies,
including before the 9th respondent, as is permitted under the
applicable Rules and Regulations.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 18558 OF 2021
APPENDIX OF WP(C) 18558/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF POWER OF ATTORNEY NO.19/2005 DATED
29.03.2005.
Exhibit P2 TRUE COPY OF THE SALE DEED NO.1101/2005 IN FAVOUR
OF THE 7TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 09.02.1978.
Exhibit P3(A) TRUE COPY OF THE TAX RECEIPT DATED 18.11.1981.
Exhibit P3(B) TRUE COPY OF THE TAX RECEIPT DATED 22.02.1984.
Exhibit P3(C) TRUE COPY OF THE TAX RECEIPT DATED 01.01.1986.
Exhibit P3(D) TRUE COPY OF THE TAX RECEIPT DATED 15.10.1986.
Exhibit P3(E) TRUE COPY OF THE TAX RECEIPT DATED 29.12.1987.
Exhibit P3(F) TRUE COPY OF THE TAX RECEIPT DATED 01.02.1989.
Exhibit P3(G) TRUE COPY OF THE TAX RECEIPT DATED 05.02.1990.
Exhibit P3(H) TRUE COPY OF THE TAX RECEIPT DATED 21.2.1991.
Exhibit P3(I) TRUE COPY OF THE TAX RECEIPT DATED 09.11.1991.
Exhibit P3(J) TRUE COPY OF THE TAX RECEIPT DATED 28.12.1994.
Exhibit P3(K) TRUE COPY OF THE TAX RECEIPT DATED 16.12.1992.
Exhibit P3(L) TRUE COPY OF THE TAX RECEIPT DATED 28.12.1993.
Exhibit P3(M) TRUE COPY OF THE TAX RECEIPT DATED 03.01.1996.
Exhibit P3(N) TRUE COPY OF THE TAX RECEIPT DATED 10.12.1996.
Exhibit P3(O) TRUE COPY OF THE TAX RECEIPT DATED 13.01.1999.
Exhibit P3(P) TRUE COPY OF THE TAX RECEIPT DATED 13.01.1999 (FOR
2002-03).
WP(C) NO. 18558 OF 2021
Exhibit P3(Q) TRUE COPY OF THE TAX RECEIPT DATED 04.01.2000.
Exhibit P3(R) TRUE COPY OF THE TAX RECEIPT DATED 21.01.2002.
Exhibit P3(S) TRUE COPY OF THE TAX RECEIPT DATED 21.01.2002 (FOR
2003-04).
Exhibit P4 TRUE COPY OF THE PATTAYAM NO.LA 20/73 IN THE NAME
OF JOSEPH GEORGE.
Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 8TH RESPONDENT DATED
12.02.2020 ALONG WITH ITS RECEIPT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 9TH RESPONDENT DATED
12.02.2020 ALONG WITH ITS RECEIPT.
