Preetha G.R vs State Of Kerala
2022 Latest Caselaw 11802 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
                            &
    THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH
                    AGRAHAYANA, 1944
                 W.P.(C)NO.37254 OF 2022
PETITIONER:

         PREETHA G.R.,
         D/O RAMADEVI, RESIDING AT PULIKKOTTUKONATHU
         VEEDU, VENGAVILA, NANNATTUKAVU MURI, VEMBAYAM
         VILLAGE, NEDUMANGAD,
         THIRUVANANTHAPURAM - 695 615.

         BY ADVS.
         SREEDEVI KYLASANATH
         ACHUTH KYLAS
         R.MAHESH MENON
         DEAGO JOHN K



RESPONDENTS:

   1     STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY, LOCAL SELF
         GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT - 695 035.

   2     LAND REVENUE COMMISSIONER,
         THIRUVANANTHAPURAM, OFFICE OF THE LAND REVENUE
         COMMISSIONER, REVENUE COMPLEX, PUBLIC OFFICE
         BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM
         - 695 033.

   3     TRAVANCORE DEVASWOM BOARD,
         DEVASWOM HEADQUATERS, NANTHENCODE,
         THIRUVANANTHAPURAM - 695 003, REPRESENTED BY
         ITS SECRETARY.
                                         2

W.P.(C)No.37254 of 2022




OTHER PRESENT:

              SRI S. RAJMOHAN - SR. GOVERNMENT PLEADER
              SRI G. SANTHOSH KUMAR - STANDING COUNSEL -
              TRAVANCORE DEVASWOM BOARD




        THIS     WRIT       PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION        ON       21.12.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                            3

W.P.(C)No.37254 of 2022



                                    JUDGMENT

Anil K. Narendran, J.

The petitioner, who claims absolute title and ownership

of 2 acres and 24.250 cents of land comprised in old Survery

Nos.136/5 and 136/6 of Anad Village, has filed this writ

petition under Article 226 of the Constitution of India, seeking

writ of certiorari to quash Ext.P5 order dated 01.01.2021 of

the 2nd respondent Land Revenue Commissioner. The

petitioner has also sought for a declaration to declare Ext.P5

order as null and void, as it is issued without notice to the

petitioner or after affording him an opportunity of being heard.

2. On 21.11.2022, when this writ petition came up

for admission, the learned Government Pleader was directed

to get instructions as to whether Ext.P5 order dated

01.01.2021 of the 2nd respondent Land Revenue

Commissioner is with notice to the affected parties.

3. Heard the learned counsel for the petitioner, the

learned Senior Government Pleader for respondents 1 and 2

and also the learned Standing Counsel for the 3rd respondent

Travancore Devaswom Board.

4. The learned Senior Government Pleader, on

instructions, would submit that Ext.P5 order dated

W.P.(C)No.37254 of 2022

01.01.2021, is one issued by the 2nd respondent Land

Revenue Commissioner, without notice to the petitioner.

5. In such circumstances, conclusion is irresistible

that, Ext.P5 order dated 01.01.2021 of the 2nd respondent is

one passed in violation of the principles of natural justice, in

as much as, the petitioner, who is an affected party, was not

issued with any notice.

In the result, for the aforesaid reason, Ext.P5 order

dated 01.01.2021 of the 2nd respondent is set aside and the

said respondent is directed to reconsider the appeal filed by

the 3rd respondent Travancore Devaswom Board as L.R.J.3-

10872/20, with notice to the petitioner, the 3rd respondent

Board and other affected parties, if any.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALI PURUSHOTHAMAN, JUDGE

MIN

W.P.(C)No.37254 of 2022

APPENDIX OF W.P.(C)NO.37254/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER NO.

A5.7673/02/D.D IS ISSUED BY THE TAHASILDAR, NEDUMANGADU TALUK DATED 27.06.2003.

Exhibit P2 A TRUE COPY OF THE ORDER NO.

D.DIS.13446/03/D PASSED BY REVENUE DIVISIONAL OFFICER AT THIRUVANANTHAPURAM DATED 30.06.2005.

Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN APPEAL NO. A6352 OF 2018 BEFORE THE REVENUE DIVISIONAL OFFICER, NEDUMANGADU DATED NOVEMBER, 2019.

Exhibit P4 A TRUE COPY OF THE MEMORANDUM OF REVISION PETITION FILED BY THE 3RD RESPONDENT NUMBERED AS REVISION PETITION NO. L.R.G3-10872 OF 2020 DATED 05.03.2020.

Exhibit P5 A TRUE COPY OF THE ORDER IN APPEAL NO. L. R. J3-10872/20 DATED 01.01.2021 PASSED BY LAND REVENUE COMMISSIONER AT THIRUVANANTHAPURAM.

Exhibit P6 A TRUE COPY OF THE COMMUNICATION NO.

LR/ 5773/ 2022 - LR (J3) DATED 03.06.2022 ISSUED BY STATE PUBLIC INFORMATION OFFICER & JUNIOR SUPERINTENDENT, L.R. (J) SECTION, OFFICE OF LAND REVENUE COMMISSIONER.