C.J.Joseph vs State Of Kerala
2022 Latest Caselaw 2110 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                       WP(C) NO. 21865 OF 2015
PETITIONER:

          C.J. JOSEPH
          CHENNATTU, KIZHATHADIYOOR,
          R.V. ROAD, PALA P. O.,
          KOTTAYAM DISTRICT - 686 575.

          BY ADVS.
          SRI. K. JAJU BABU (SR.)
          SMT. M. U. VIJAYALAKSHMI

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE COMMISSIONER OF LAND REVENUE
          PUBLIC OFFICE BUILDING, MUSEUM P. O.,
          THIRUVANANTHAPURAM - 695 033.
    3     THE DISTRICT COLLECTOR,
          KOTTAYAM - 686 001.
    4     THE DEPUTY COLLECTOR
          REVENUE VIGILANCE (SOUTH ZONE),
          CIVIL STATION, KUDAPANAKKUNNU P. O.,
          THIRUVANANTHAPURAM - 695 043.
    5     THE ADDITIONAL TAHSILDAR,
          MEENACHIL, TALUK OFFICE,
          MEENACHIL, PALA - 686 575.
    6     SUNIL ALANCHERIL
          CHIEF EDITOR, CARAVAN MAGAZINE,
          MEENACHIL P. O, KOTTAYAM - 686 577.

          BY ADVS.
          R1 - R5 - SRI. S. RENJITH - SPL. GP
          R6 - SRI. IVANS C. CHAMAKKAL
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21865 OF 2015

                                       2




                                   JUDGMENT

By Ext.P1 proceedings of the Land Board,

Meenachil dated 22.12.1978, the petitioner was

assigned 1 acre of land in Survey No.1163/8 of

Melukavu Village (Re-Survey No.118/1) which was

part of excess land surrendered by one

Smt.Mariamma Thomas. The petitioner was issued

patta as per Ext.P2 and the mutation was effected in

the name of the petitioner in the year 2011 as per

Ext.P5 order dated 24.02.2011 issued by the 5 th

respondent. The petitioner is also remitting land tax

in respect of the said property. While so, the

petitioner applied for possession certificate in respect

of the said property. However, the same was rejected

by Ext.P7 by the Tahsildar stating that there is a

vigilance enquiry regarding the mutation effected in WP(C).No.21865 OF 2015

respect of this property. On enquiry, the petitioner

came to know that Ext.P5 proceedings by which

mutation has been effected is ordered to be cancelled

by the Government. The petitioner has produced the

said order of the Government as Ext.P8. According to

the petitioner, Ext.P8, directing cancellation of Ext.P5

has been issued without notice to the petitioner on

the basis of a complaint stated to be filed by the 6 th

respondent. The petitioner challenges Ext.P8

proceedings of the Government on the ground that

the same is issued without notice to the petitioner

and in violation of the principles of natural justice.

The petitioner therefore, seeks to quash Ext.P8.

2. A counter affidavit has been filed by the 1 st

respondent as well as the 3rd respondent, wherein, it

is contended that Ext.P8 order has been issued after

proper enquiry and that the petitioner will have WP(C).No.21865 OF 2015

adequate opportunity before the Revenue Divisional

Officer, Pala against cancellation of mutation and

therefore, the petitioner cannot be aggrieved by

Ext.P8 order passed by the Government.

3. By Ext.P8, the Government has directed the

additional Revenue Divisional Officer, Pala to cancel

Ext.P5 proceedings effecting the mutation of the

property and to take steps under the Kerala Land

Conservancy Act by evicting the unauthorised

encroachments.

4. Admittedly, Ext.P8 order which directs

cancellation of mutation has been passed without

notice to the petitioner and without hearing him.

Since, there is already a specific direction by the

Government in Ext.P8 to the Revenue Divisional

Officer to cancel Ext.P5, no purpose would be served

by affording an opportunity of hearing to the WP(C).No.21865 OF 2015

petitioner by the Revenue Divisional Officer before

cancelling Ext.P5.

5. Since, the Government in Ext.P8 order has

directed the Revenue Divisional Officer to cancel

Ext.P5 without notice to the petitioner and without

hearing him, the said order cannot be sustained as

one passed in violation of the principles of natural

justice. Ext.P8 order is therefore set aside, so far as

it concerns the petitioner. The Government shall hear

the petitioner and pass fresh orders within a period of

three months from the date of receipt of a copy of

this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.21865 OF 2015

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE PROCEEDING NO.

E559452/22 DATED 22.12.1978 OF THE LAND BOARD, MEENACHIL.

EXHIBIT P2 TRUE COPY OF THE PATTA VIDE NO.C2-

13846/77(122) ISSUED IN THE NAME OF PETITIONER ON 01.05.1980.

EXHIBIT P3 TRUE COPY OF ORDER NO.L.B-E8-11442/08 DATED 25.05.2009 OF THE LAND BOARD PERMITTED THE PETITIONER TO REMIT THE AMOUNT TOWARDS THE BALANCE PURCHASE PRICE WITH 4% INTERST.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 20.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.K.DIS 2-

8063/08 DATED 24.02.2011 OF THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF TAX RECEIPT IN RESPECT OF THE YEARS 2010-2011, 2011-2012, 2012- 2013, 2013-2014 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.D5 5980/11 DATED 03.07.2014 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER NO.GO(MS) NO.2973/2015/REV. DATED 09.06.2015.

EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BY THE 6TH RESPONDENT BEFORE THE 4TH RESPONDENT ON 21.06.2011.

EXHIBIT P10 TRUE COPY OF ELECTIRICITY BILL DATED 10.02.2015 ISSUED TO THE PETITIONER BY THE KERALA STATE ELECTRICITY BOARD.

     RESPONDENTS'S EXHIBITS:    NIL.