Kerala High Court
Joshwa G vs The District Collector on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WA NO. 1561 OF 2021
AGAINST THE JUDGMENT IN WP(C) 4924/2020 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
JOSHWA G.
AGED 83 YEARS, S/O.GEEVARGHESE,
MANNOOPARABIL, KARUVATTA SOUTH,
ALAPPUZHA - 680 565.
BY ADVS.
K.K.JOHN
ASISH K.JOHN
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR,
ALAPPUZHA DISTRICT, ALAPPUZHA - 688 001.
2 THE ADDITIONAL TAHASILDAR
TALUK OFFICE, HARIPAD - 690 514,
ALAPPUZHA DISTRICT.
SRI. V. TEK CHAND SR GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1561 of 2021
2
JUDGMENT
Dated this the 2nd day of March, 2022
S.Manikumar, C.J.
Before the writ court, the writ petitioner/appellant has
sought for the following relief:
"i) issue a writ of mandamus and call for the records
leading to Ext.P10 and Ext.P12 and quash the same
by issuing a writ of certiorari."
2. However, after adverting to the pleadings and the
submissions, in particular, the earlier order of this court dated
27.07.2021 in W.P.(C)No.4924 of 2020 and section 13A of the
Kerala Survey and Boundaries Act, 1961, writ court relegated
the writ petitioner/appellant to approach the competent civil
court under section 13A(1) of the said Act.
3. Taking note of the submission of the learned counsel,
writ court ordered thus:
"9. Presumably discerning the mind of this Court as
afore, Shri.M.R.Sarin Panicker requested that, if this Court
is not inclined to accept the challenge of his client against
Exts.P10 and P12 on its merits, then his client may be
W.A.No.1561 of 2021
given liberty to approach the competent Civil Court.
10. It is needless to say that since Ext.P10 is an order
passed under Section 13A of the Survey and Boundaries
Act, the petitioner certainly has a right to approach the
competent Civil Court under Section 13A(1) of the said
Act.
11. However, at this time, Shri.M.R.Sarin Panicker
submitted that the period when this writ petition was
pending before this Court may be directed to be excluded
by the Civil Court while computing the period of limitation
under Section 13A(1) of the Act. I must record that the
learned Senior Government Pleader, Shri.Ashwin
Sethumadhavan, did not oppose this and submitted that
he will not stand in the way of this Court passing
appropriate orders in such regard.
Resultantly, I close this writ petition without any
further orders; however, leaving liberty to the petitioner
to invoke his alternative remedy under Section 13A(1) of
the Survey and Boundaries Act and order that the period
from 19.02.2020 - when this writ petition was filed by the
petitioner, until the date of receipt of a certified copy of
this judgment, shall stand excluded while computing the
period of limitation under the said Section."
4. Though the said judgment is impugned in the appeal
on various grounds, we are not inclined to entertain this
appeal for the reason that the writ petition has been disposed
W.A.No.1561 of 2021
of taking note of the consent of the learned counsel for the
petitioner that liberty be given to the writ petitioner/
appellant to approach the competent civil court. On the said
score, writ court has also directed to exclude the time spent in
this court during the pendency of the writ petition, while
computing the period of limitation for approaching the civil
court.
We find no error in the impugned judgment warranting
interference. Hence, the writ appeal is dismissed.
Pending interlocutory applications, if any, shall stand
closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
//true copy//
P.A. to Judge
