George Mathew vs State Of Kerala
2022 Latest Caselaw 3456 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944

                             WP(C) NO. 5832 OF 2022

PETITIONER:

               GEORGE MATHEW
               AGED 81 YEARS
               S/O C.V.MATHEW, SANKARAMANGALAM HOUSE, KANJIKUZHY P.O.KOTTAYAM
               DISTRICT-686 004.

               BY ADVS.
               K.SHAJ
               ASHOK KUMAR A.
               C.IJLAL
               RESHMA.P.
               ARUN CHAND
               VINAYAK G MENON
               BHARAT VIJAY P.
               MAJID MUHAMMED K.



RESPONDENTS:

     1         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.
 WP(C) NO. 5832 OF 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.

            BY ADVS.
            THAMPAN THOMAS
            B.V.JOY SANKAR



OTHER PRESENT:

            SMT. MABLE .C .KURIAN - SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5832 OF 2022

                                        3




                               JUDGMENT

The limited plea of the petitioner is that the 2 nd respondent -

District Collector, be directed to take up the statutory Revision filed

by him, impugning Ext.P5, within a time frame to be fixed by this

Court.

2. The afore request of the petitioner, as made by his learned

counsel - Sri.Bharath Vijay, was answered by the learned Senior

Government Pleader - Smt.Mable C. Kurian, saying that if the

petitioner only requires the statutory Revision filed by him against

Ext.P5 to be taken up and disposed of by the District Collector in

terms of law, she will not stand in the way of appropriate orders

being issued; but prayed that this Court may not make any

affirmative declaration as to the entitlement of the petitioner to any

relief and leave it to the competent Authority to take a decision on it

in terms of law.

3. Sri.Thamban Thomas, learned counsel appearing for

respondents 6 and 7, pertinently, supported the petitioner in his plea

that the statutory Revision be disposed of by the District Collector.

He, however, prayed that his clients be allowed necessary

opportunity of being heard in this process, since they have valid

grounds in their favour.

4. Taking note of the afore submissions and since the WP(C) NO. 5832 OF 2022

statutory Revision against Ext.P5 is stated to be pending before the

2nd respondent - District Collector, I deem it appropriate to grant

relief to the petitioner to the extent to which it be directed to be

disposed of within a time frame.

Resultantly, I order this writ petition and direct the 2 nd

respondent to take up the statutory Revision filed by the petitioner

against Ext.P5 and dispose of the same, after affording him, as also

respondents 6 and 7, necessary opportunity of being heard; thus

culminating in an appropriate order and necessary action thereon, as

expeditiously as is possible but not later than two months from the

date of receipt of a copy of this judgment.

Since I have directed the District Collector to take up the

statutory Revision and dispose it of, it is needless to say that all

action pursuant to Exts.P7 and P8 will now require to be interdicted.

It is so ordered; with a clarification that after the revision is disposed

of, the competent Authority will be at liberty to act as per its terms,

de hors Exts.P7 and P8, at the relevant time.

Sd/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 5832 OF 2022

APPENDIX OF WP(C) 5832/2022

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 C3-8031/14/K.DIS DATED 21.1.2015 PASSED BY THE 5TH RESPONDENT

Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT DATED 20.6.2018 SHOWING REMITTANCE OF TAX FOR THE YEAR 2018-2019 IN RESPECT OF THE PROPERTY IN RESPECT OF 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 PETITIONER 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 8.11.2021 IN WPC NO 20030 OF 2021

Exhibit P7 THE TRUE COPY OF NOTICE NO C3-201784/2021 DATED 9.2.2022 ISSUED BY THE 2ND RESPONDENT TO THE PARTIES TO THE DISPUTE

Exhibit P8 THE TRUE COPY OF NOTICE NO C3-229125/2019 DATED 16.2.2022 ISSUED BY THE 2ND RESPONDENT