Kerala High Court
James Varghese vs State Of Kerala on 8 June, 2022
WP(C) NO. 8849 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 8849 OF 2021
PETITIONER/S:
JAMES VARGHESE
AGED 85 YEARS
KOIKKARA HOUSE, KUREEKAD, THIRUVANKULAM, ERNAKULAM.
BY ADVS.
K.P.SANTHI
SMT.NISHA G.THARAMAL
SMT.SARIMOL KAREETHARA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, KOCHI - 682 030.
3 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
MOOVATTUPUZHA, ERNAKULAM - 686 661.
4 THE TAHSILDAR, KUNNATHUNAD TALUK
KUNNATHUNAD, ALUVA - 683 544.
5 THE LOCAL LEVEL MONITORING COMMITTEE
KRISHI BHAVAN, KIZHAKKAMBALAM - 683 562 REPRESENTED
BY ITS CONVENOR.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 8849 OF 2021 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 8849 of 2021
--------------------------------------
Dated this the 8th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) issue a writ of Mandamus or such other writ, direction or
order compelling the 2nd respondent to consider Exts P2 and P3
applications, affording opportunity of hearing to the petitioner,
within a time frame to be fixed by this Hon'ble Court;
(ii) declare that the status of land in BTR in respect of 19.65
ares in Survey Nos.17/14, 17/12, 16/9, Block No.26 of
Kizhakkambalam Village, Kunnathunad Taluk, Ernakulam
District is liable to be changed without insisting for payment
under Section 27A of Act 28 of 2008;
(iii) issue such other writ, direction or order as is deemed just
and necessary in the facts, features and circumstances of the
case." [SIC]
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that Ext.P4 is
a petition filed before the 5th respondent and no orders are
passed. There may be a direction to consider the same and
pass appropriate orders in accordance to law, within a time
frame. Heard the learned Government Pleader also.
3. After hearing both sides, I think there can be a
direction to the 5th respondent to consider Ext.P4 and pass
appropriate orders, within a time frame.
Therefore, this writ petition is disposed of with the
following direction :
1) The 5th respondent is directed to consider and pass
appropriate orders in Ext.P4 as expeditiously as possible,
at any rate, within one month from the date of receipt of
a copy of this judgment.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 8849/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DATA BANK IN RESPECT OF
27.20 ARES IN SURVEY NOS.287/11-2, BLOCK
NO.25 OF KIZHAKKAMBALAM VILLAGE,
KUNNATHUNAD TALUK.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
23/2/2016 SUBMITTED TO THE 2ND RESPONDENT
BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
21/5/2016 SUBMITTED TO THE 2ND RESPONDENT
BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
16/8/2017 SUBMITTED TO THE 5TH RESPONDENT
BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
20/12/2020 SUBMITTED TO THE 3RD RESPONDENT
BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
30/1/2021 SUBMITTED TO THE 4TH RESPONDENT
BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED
23/3/2011 ISSUED BY THE VILLAGE OFFICER,
KIZHAKKAMBALAM.
