Sindhukumari vs The District Collector
2022 Latest Caselaw 4877 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                        W.P.(C) NO.14846 OF 2022
PETITIONER:

            SINDHUKUMARI,
            AGED 45 YEARS, W/O. RAJKUMAR,
            VELLAMPULLI PUTHEN VEEDU,
            PARAYARUKONAM, NELLANAD P.O.,
            PULLAM PARA VILLAGE, NEDUMANGAD,
            THIRUVANANTHAPURAM DISTRICT.

            BY ADV. LATHEESH SEBASTIAN


RESPONDENTS:

    1       THE DISTRICT COLLECTOR,
            CIVIL STATION, THIRUVANANTHAPURAM-695 001.

    2       THE REVENUE DIVISIONAL OFFICER,
            NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 541.

    3       THE TAHSILAR,
            TALUK OFFICE, NEDUMANGAD,
            THIRUVANANTHAPURAM-695 541.

    4       THE TAHSILDAR (LR),
            TALUK OFFICE, NEDUMANGAD,
            THIRUVANANTHAPURAM-695 541.

    5       THE VILLAGE OFFICER,
            PULLAMPARA VILLAGE, NEDUMANGAD,
            THIRUVANANTHAPURAM-695 541.

  R1-R5     SMT. PRINCY XAVIER, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    -2-
W.P.(C) NO.14846 OF 2022


                               JUDGMENT

This writ petition is filed with the following reliefs:-

"i. Call for the records relating to Exts.P1 to P6, P8 and P9 from the respondents.

ii. Issue a writ of mandamus or any other writ or order or direction to the 1st respondent to pass orders on Ext.P9 revision or in the stay petition, after affording opportunity of hearing to the petitioner within a reasonable time fixed by this Hon'ble Court.

iii. Issue a writ of mandamus to the respondents 2 to 5 not to enforce Exts.P6 and P8 orders before passing any order by the 1st respondent in Ext.P9 revision or in the application for stay."

2. I have heard the learned counsel for the petitioner

as well as the learned Government Pleader.

3. Having considered the facts and circumstances of

the case, I direct Ext.P9 revision filed before the 1 st

respondent, along with an application for staying the order

impugned in the writ petition to be considered within a

period of four weeks from today, if the revision has been

received by the 1st respondent. Till orders are passed on the

stay petition filed along with the revision, the order

impugned in the revision will not be enforced. Needless to

W.P.(C) NO.14846 OF 2022

say that the petitioner will be given an opportunity of

hearing either physically or online mode before orders are

passed as directed above. There will be a further direction

to the petitioner to produce a copy of the writ petition as

well as a copy of this judgment before the 1 st respondent for

compliance.

The writ petition is disposed of accordingly.

Sd/-

MOHAMMED NIAS C.P.

JUDGE bpr

W.P.(C) NO.14846 OF 2022

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 05.06.2017.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 05.06.2017 ISSUED FROM THE PULLAMPARA VILLAGE.

EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S. NO.

280/2018 FILED BEFORE THE MUNSIFF COURT, NEDUMANGAD.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT AGAINST THE PETITIONER DATED 17.08.2018.

EXHIBIT P5 TRUE COPY OF THE HEARING NOTICE OF THE DEPUTY COLLECTOR (SOUTH ZONE, VIGILANCE), DATED 22.09.2018.

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED NIL BEARING NO. K2/21673/16.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 07.01.2022 IN W.P(C) 32775/ 2018.

EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN APPEAL NO.A-484/2022 DATED 08.04.2022.

EXHIBIT P9 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.04.2022.