P.K.Antikutty vs The District Collector
2022 Latest Caselaw 4114 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                       WP(C) NO. 16073 OF 2017
PETITIONERS:

    1     P.K.ANTIKUTTY, AGED 73 YEARS, S/O. KURIAN,
          OVELIYAYA PUNNACHERIL, KANNANCHIRA,
          NALUNNAKKAL P.O., VAKATHANAM.

    2     VALSAMMA ANIKUTTY, AGED 68 YEARS,
          W/O. P.K. ANTIKUTTY, OVELIYAYA PUNNACHERIL,
          KANNANCHIRA, NALUNNAKKAL P.O., VAKATHANAM.

          BY ADVS.
          THOMAS JACOB
          G.BINDU


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          KOTTAYAM-686001.

    2     THE TAHSILDAR, CHANGANASSERY,
          PIN - 686101.

    3     THE VILLAGE OFFICER, VAKATHANAM VILLAGE,
          CHANGANASSERY TALUK, KOTTAYAM DISTRICT-686538

    4     CHACKO, S/O. VARGHESE, PULLUKATTAYA KANNANCHIRA,
          VAKATHANAM VILLAGE, CHANGANASSERY TALUK,
          KOTTAYAM DISTRICT 686 538

    5     P.V. CHERIAN, PULLUKATTU HOUSE, VAKATHANAM,
          CHANGANASSERY TALUK, KOTTAYAM DISTRICT 686 538


          SMT.K.AMMINIKUTTY.SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16073/17
                                     2



                             JUDGMENT

The limited plea of the petitioners in this Writ Petition is

that Ext.P5 - which they state to be an Appeal against Ext.P4

order - be directed to be taken up and disposed of by the 1 st

respondent - District Collector, within a time frame to be fixed

by this Court.

2. However, I notice from the files that this Writ Petition

was originally disposed of by another learned Judge of this Court

on 29.05.2017, but was reviewed through the order in

R.P.No.748/2017, finding that Ext.P5 is not a Statutory Appeal,

but an application for review of Ext.P4.

3. Obviously, therefore, if the petitioners require any

relief, they will have to file a Statutory Appeal against Ext.P4

appropriately, which can then be directed to be taken up and

disposed of without delay.

4. In fact, the learned Senior Government Pleader -

Smt.K.Amminikutty, also affirmed the above and added that if WPC 16073/17

the petitioners prefer an Appeal against Ext.P4 within a time

frame to be fixed by this Court, it will be disposed of on merits,

following due procedure.

Taking note of the afore submissions, I leave liberty to the

petitioners/their authorised representative to move an Appeal

against Ext.P4 before the competent Appellate Authority - which

is stated to be the Revenue Divisional Officer; and if this is done

within a period of two weeks from the date of receipt of a copy

of this judgment, the same shall be taken up and disposed of by

the said Authority, after affording the petitioners or the persons

authorised by them, as also the affected parties, if any, an

opportunity of being heard, thus culminating in an appropriate

order and necessary action thereon as expeditiously as is possible,

but not later than two months from the date on which the said

Appeal is preferred.

I clarify that I have fixed the time short for disposal of the

Statutory Appeal taking note of the medical condition of the 1 st

respondent, who is stated to be paralysed and in a debilitating

medical condition.

WPC 16073/17

This Writ Petition is thus disposed of.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 16073/17


               APPENDIX OF WP(C) 16073/2017

PETITIONER EXHIBITS
EXHIBIT-P1          TRUE COPY OF THE SALE DEED DATED

21/08/1987 NO.1710/1987 OF THE OFFICE OF THE SUB REGISTRAR, KARUKACHAL, KOTTAYAM DISTRICT.

EXHIBIT-P2 TRUE COPY OF THE SALE DEED DATED 21/08/1976 NO. 1710/1987 OF OFFICE OF THE SUB REGISTRR, KARUKACHAL, KOTTAYAM DISTRICT.

EXHIBIT-P3 TRUE COPY OF THE PARTITION DEED DATED 21/09/1967 NO. 2868/1967 OF THE OFFICE OF THE SUB REGISTRAR, KARUKACHAL, KOTTAYAM DISTRICT.

EXHIBIT-P4 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 24/11/2016 EXHIBIT-P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 04/04/2017 BEFORE THE IST RESPONDENT EXHIBIT-P6 TRUE COPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT-P5 APPLICATION ISSUED FROM THE OFFICE OF THE IST RESPONDENT DATED 04/04/2017 EXHIBIT-P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT TO THE IST PETITIONER DATED 25/04/2017