Sujir Vasanth Naik vs State Of Kerala
2022 Latest Caselaw 1917 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          WP(C) NO. 5573 OF 2022


PETITIONER:

              SUJIR VASANTH NAIK, AGED 72 YEARS
              S/O. SUJIR SATHENDIRA NAIK,
              SUJIR CARS TRADING COMPANY,
              JEW TOWN, KOCHI - PIN - 682002.

              BY ADV K.K.JYOTHILAKSHMY


RESPONDENTS:

     1        STATE OF KERALA, REPRESENTED BY THE SECRETARY,
              REVENUE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.

     2        DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD,
              ERNAKULAM, PIN - 682030.

     3        REVENUE DIVISIONAL OFFICER, COLLECTORATE,
              KAKKANAD, ERNAKULAM, PIN - 682030.

     4        TAHSILDAR, TALUK OFFICE, KANAYANNUR,
              ERNAKULAM DISTRICT, PIN - 682011.

     5        VILLAGE OFFICER, VILLAGE OFFICE,
              EDAPPALLY SOUTH, ERNAKULAM DISTRICT,
              PIN - 682041.


              SMT.K.AMMINIKUTTY SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 5573/22
                                       2

                           JUDGMENT

The limited plea of the petitioner in this Writ Petition is

that the 2nd respondent - District Collector be directed to take

up Ext.P4 Statutory Appeal submitted by him under the

provisions of Section 28A(4) of the Kerala Stamp Act and

dispose it of within a time frame to be fixed by this Court.

2. In response to the afore request of the petitioner

made by his learned counsel - Smt.Jyothilakshmy K.K, the

learned Senior Government Pleader - Smt.K.Amminikutty,

submitted that if the petitioner only requires Ext.P4 Appeal to

be taken up and disposed of by the 2 nd respondent, there does

not appear to be any legal impediment in doing so; but prayed

that this Court may not make any affirmative declarations on

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

competent Authority to take a final decision as per law.

Taking note of the afore submissions, I order this Writ

Petition and direct the 2nd respondent - District Collector to WPC 5573/22

take up Ext.P4 Statutory Appeal of the petitioner and dispose it

of, after affording him 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 of receipt of a copy of this judgment.

Sd/-

RR                                   DEVAN RAMACHANDRAN
                                            JUDGE
 WPC 5573/22


               APPENDIX OF WP(C) 5573/2022

PETITIONER EXHIBITS
Exhibit P1         TRUE COPY OF THE BASIC LAND TAX

RECEIPT, DATED 20.10.2021 ISSUED FROM THE OFFICE OF THE VILLAGE OFFICER, EDAPPALLY SOUTH.

Exhibit P2 TRUE COPY OF THE APPEAL FILED UNDER SECTION 28A(4) OF THE KERALA STAMP ACT, 1959 BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE RECEIPT NO. A2-

277125/2019/TDCEKM, DATED 26.07.19 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE COVERING LETTER DATED 25.10.2021 BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE RECEIPT NO. A2-

443709/2021/GDCEKM, DATED 26.10.2021. Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE FAIL VALUE REGISTER.