Jomon Joseph vs State Of Kerala
2022 Latest Caselaw 440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                        WP(C) NO. 1154 OF 2022
PETITIONER:

          JOMON JOSEPH
          AGED 49 YEARS
          S/O KURIAN JOSEPH (LATE), PULLOORUTHYKARY HOUSE,
          CHERTHALA P.O., ALAPPUZHA DISTRICT - 688 524.

          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SINI
          JOMON, AGED 47 YEARS, W/O JOMON JOSEPH, PULLOORUTHYKARY
          HOUSE, CHERTHALA P.O., ALAPPUZHA DISTRICT - 688 524.

          BY ADV AVANEESH KOYIKKARA



RESPONDENTS:

          STATE OF KERALA
    1     REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
          REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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

          DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, CIVIL
    3
          STATION, ALAPPUZHA DISTRICT - 688 001.

          LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS
    4     CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
          THANEERMUKKOM, ALAPPUZHA DISTRICT - 688 548.

          AGRICULTURAL OFFICER, KRISHI BHAVAN, THANEERMUKKOM,
    5
          ALAPPUZHA DISTRICT - 688 548.

          BY ADV. VINITHA B., SENIOR GOVERNMENT PLEADER.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.1154 OF 2022


                                             2



                             JUDGMENT

Dated this the 13th day of January, 2022

This writ petition is filed seeking the following reliefs:-

"(i)To issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P6 as unjust and illegal.

(ii)To issue a writ of certiorari or any other appropriate writ, order or direction, quashing the condition imposed in Ext.P3 as unjust and illegal.

(iii)To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1 st respondent to consider and pass orders on Ext.P7 revision petition within a time frame fixed by this Hon'ble Court.

(iv)To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to quash the condition in Ext.P3, to retain the 'Thodu' in the property and to correct the revenue records accordingly.

(v)To declare that, the petitioner's property is not a paddy land and permit the petitioner to utilize the land for purposes other than agriculture.

2. Heard the learned counsel appearing for the petitioner

and the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that as against Exhibit P6 order of the RDO, the W.P.(C)No.1154 OF 2022

petitioner has preferred Exhibit P7 revision petition and seeks a

consideration thereof.

4. Learned Government Pleader points out that there is

an inordinate long delay in filing Exhibit P7 revision petition and

that the question of condonation of the same is also to be

considered by the revisionary authority.

In the above view of the matter, without expressing

any view on the merits of the matter or on the maintainability of

the revision petition before the respondent after such a long

delay, there will be a direction to the first respondent to take up

Exhibit P7 revision petition provided the same is received and

pending and to consider and pass orders on the same, in

accordance with law, within a period of three months from the

date of receipt of a copy of this judgment. In case there is any

defect in the revision petition preferred by the petitioner, the

same shall also be duly cured by the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/13/01 W.P.(C)No.1154 OF 2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE TAX RECEIPT ISSUED BY THE KOTHAMANGALAM VILLAGE OFFICE DATED 13.06.2018.

Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK REGISTER PUBLISHED IN GAZETTE DATED 22.02.2021.

EXHIBIT P3 A COPY OF THE ORDER NO.C14-54214/16 ISSUED BY THE 3RD RESPONDENT DATED 01.08.2017.

Exhibit P4 A COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.07.2018.

Exhibit P5 A COPY OF DELAY CONDONATION PETITION FILED IN EXT.P4.

Exhibit P6 A COPY OF THE ORDER NO.LR(A)1-34964/18 DATED 03.12.2018

Exhibit P7 A COPY OF THE REVISION PETITION UNDER CLAUSE 14 OF KERALA LAND UTILISATION ORDER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 14.08.2021.

Exhibit P7(A) A COPY OF THE POSTAL ACKNOWLEDGMENT CARD OF P7.

Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.29389 OF 2021 DATED 20.12.2021 OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS:       NIL


 SSK                         //TRUE COPY//         PA TO JUDGE