Mathew T.O vs The State Of Kerala
2022 Latest Caselaw 6314 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      WP(C) NO. 17970 OF 2022
PETITIONER/S:

         MATHEW T.O
         AGED 52 YEARS
         S/O. T.M. OOMMEN,
         SANKARAMANGALATHU THELLIYIL, ERAVIPEROOR P.O,
         THIRUVALLA,
         PATHANAMTHITTA DISTRICT 689 542.
          BY ADV SIR SERGI JOSEPH THOMAS


RESPONDENTS:

    1    THE STATE OF KERALA,
         REPRESENTED BY THE SECRETARY,
         REVENUE DEPARTMENT , GOVERNMENT OF KERALA,
         SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT- 695 001.
    2    THE DISTRICT COLLECTOR,
         COLLECTORATE, PATHANAMTHITTA DISTRICT 689 645.
    3    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         THIRUVALLA,
         PATHANAMTHITTA DISTRICT 689 101
    4    THE DEPUTY COLLECTOR (L.R.),
         OFFICE OF THE DEPUTY COLLECTOR,
         COLLECTORATE,
         PATHANAMTHITTA DISTRICT 689 645.
    5    THE ADDITIONAL TAHSILDAR,
         TALUK OFFICE, THIRUVALLA P.O,
         PATHANAMTHITTA DISTRICT- 689 101.
    6    THE IMMANUEL MARTHOMA CHURCH
         ERAVIPEROOR, THIRUVALLA P.O, PATHANAMTHITTA
         DISTRICT- 689 542,
         REPRESENTED BY ITS VICAR,
         REV. MATHEW A. MATHEW, AGED 49 YEARS,
         S/O. A.M. MATHEW, IMMANUEL MARTHOMA CHURCH,
         ERAVIPEROOR , THIRUVALLA P.O,
         PATHANAMTHITTA DISTRICT -689 542.
 W.P.(C)No.17970/2022
                                      2


     7      GIGI MATHEW,
            AGED 50 YEARS
            S/O. MATHAI K.M, TRUSTEE IMMANUAL MARTHOMA CHURCH,
            ERAVIPEROOR, THIRUVALLA P.O,
            PATHANAMTHITTA DISTRICT 689 542,
            RESIDING AT KUZHIYUZHATHIL,
            PURAMATTAM P.O,
            PATHANAMTHITTA DISTRICT 689 542.
     8      GEORGE MATHEW,
            AGED 81 YEARS
            S/O. C.V. MATHEW, SANKARAMANGALAM HOUSE, KANJIKUZHY
            P.O, KOTTAYAM DISTRICT 686 004.
            R1 TO R5 BY SRI BIMAL K.NATH, GOVT.PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.06.2022,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.17970/2022
                                   3




                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C)No.17970 of 2022
               --------------------------------------------
                 Dated this the 3rd day of June, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for respondents 1 to

5. In view of the order that is proposed to be passed, notice to

respondents 6 to 8 is dispensed with.

2. The grievance of the petitioner is that except few of the

legal heirs of one Yohannan Kochummen, persons like the

petitioners are not put on notice regarding the proceedings before

the 2nd respondent. The petitioner also submits that a hearing is

posted on 6.6.2022.

In the above circumstances, this writ petition is disposed of

directing the 2nd respondent to hear the petitioner also while

hearing and disposing of the revision petition filed by respondents

6 and 7 challenging Ext.P5 order. The petitioner may appear before

the 2nd respondent on 6.6.2022 and produce a copy of this

judgment.

Sd/-

T.R. RAVI JUDGE dsn W.P.(C)No.17970/2022

APPENDIX OF WP(C) 17970/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE EXTRACT OF THE THANDAPER ACCOUNT NO. 461 OF ERAVIPEROOR VILLAGE.

Exhibit P2 THE TRUE COPY OF THE ORDER NO. C2-

8031/14/K.DIS DATED 21.01.2015 PASSED BY THE 5TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT DATED 20.06.2018 SHOWING REMITTANCE OF TAX FOR THE YEAR 2018-2019 IN RESPECT OF THE PROPERTY IN RE-SURVEY NO. 80/1 IN BLOCK NO. 12 OF ERAVIPEROOR VILLAGE ISSUED BY THE VILLAGE OFFICER, ERAVIPEROOR. Exhibit P4 THE TRUE COPY OF THE APPEAL UNDER THE TRANSFER OF REGISTRY RULES FILED BY THE 8TH RESPONDENT BEFORE THE 3RD RESPONDENT. Exhibit P5 THE TRUE COPY OF ORDER NO. A5-86/19 DATED 18.10.2019 ISSUED BY THE 3RD RESPONDENT. Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 08.11.2021 IN W.P.C NO. 20030 OF 2021. Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 22.02.2022 IN W.P.C NO. 5832 OF 2022. Exhibit P8 THE TRUE COPY OF THE NOTICE NO. C3-

229125/2019 DATED 27.05.2022 ISSUED BY THE 2ND RESPONDENT.