Kusumam vs State Of Kerala
2022 Latest Caselaw 5424 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                       WP(C) NO. 10101 OF 2022
PETITIONERS:

    1       KUSUMAM,
            D/O. LATE ACHAN BAVA CHANDRASHEKARAN
            NEDIYARAVEEDU,(KAKKANADU),PALLIPURAM VILLAGE
            CHERAI P.O., ERNAKULAM -, PIN - 683514

    2       MANI K.C, S/O. LATE ACHAN BAVA CHANDRASHEKARAN
            NEDIYARAVEEDU, PALLIPURAM VILLAGE
            CHERAI P.O., ERNAKULAM - 683 514.

    3       MURALI K.C, S/O. LATE ACHAN BAVA CHANDRASHEKARAN
            KAKKANADU VEEDU, NEDIYARA, PALLIPPURAM,
            CHERAI P.O., ERNAKULAM -, PIN - 683514

            BY ADVS.
            DEEPU THANKAN
            SHAHNAS K.P
            UMMUL FIDA
            LAKSHMI SREEDHAR
            R.RAJANANDINI MENON


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

    2       REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE, KOCHI , PIN - 682001

    3       TAHSILDAR, KOCHI TALUK, KOCHI, PIN - 682001

    4       VILLAGE OFFICER, PUTHUVYPE VILLAGE OFFICE,
            VYPIN, PIN - 682508

            SR.GP   SMT.K AMMINIKUTTY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10101 OF 2022
                                       2



                                 JUDGMENT

Since the petitioners, admittedly, have

invoked alternative statutory remedy by

preferring Ext.P12 Appeal before the Revenue

Divisional Officer (RDO), I deem it appropriate

to dispose of this writ petition solely

directing the same to be taken up and finalised

on its merits, within a time frame.

2. Though Smt.Lakshmi Sreedhar - learned

counsel for the petitioners, made a fervent

plea that this Court should intervene with

Ext.P11, for the reasons already recorded

above, I do not deem it appropriate; and

therefore, asked the learned Senior Government

Pleader whether Ext.P12 is still pending.

3. Smt.K.Amminikutty - learned Senior

Government Pleader, affirmed that Ext.P12 is WP(C) NO. 10101 OF 2022

pending and added that this can be disposed of

without any avoidable delay.

4. I see from the files that the order of

assignment now cancelled through Ext.P11 is of

the year 1974. Obviously, therefore, the

petitioners must be given the latitude of being

able to pursue Ext.P12 without any threat of

further action.

Resultantly, I order this writ petition and

direct the 2nd respondent - RDO to take up

Ext.P12 Appeal of the petitioners and dispose

it of, after affording them an opportunity of

being heard; thus culminating in an appropriate

order and necessary action thereon, as

expeditiously as is possible, but not later

than four months from the date of receipt of a

copy of this judgment.

It goes without saying that until such time

as the afore exercise is completed and the WP(C) NO. 10101 OF 2022

resultant order communicated to the

petitioners, all further action pursuant to

Ext.P11 will stand deferred; and both sides

will maintain status quo with respect to the

property in question.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 10101 OF 2022

APPENDIX OF WP(C) 10101/2022 PETITIONERS' EXHIBITS

Exhibit P-1 TRUE COPY OF THE ORDER OF GRANT OF GOVERNMENT LAND FOR TEMPORARY AGRICULTURAL PURPOSE ISSUED BY THE THIRD RESPONDENT AS L.O. 913 OF 1968 DATED 23/09/1968

Exhibit P-2 TRUE COPY OF THE ORDER OF ASSIGNMENT ISSUED BY THE THIRD RESPONDENT DATED 25/03/1974

Exhibit P-3 TRUE COPY OF RECEIPT DATED 07/03/1983

Exhibit P-4 TRUE COPY OF THE ORDER OF THE LOKAYUKTA DATED 24/08/2006 IN COMPLAINT NO. 231 OF 2006

Exhibit P-5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONERS' MOTHER TO THE 1ST RESPONDENT DATED 18/08/2006

Exhibit P-6 TRUE COPY OF THE NOTICE OF THE FIRST RESPONDENT DATED 09/10/2006

Exhibit P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN 30429/2018 DATED 08/04/2019

Exhibit P-8 TRUE COPY OF THE PATTA IN L.A. NO. 69/1974 DATED 25/04/1979

Exhibit P-9 TRUE COPY OF THE PATTA IN L.A.NO.205/1974 DATED 07/05/1979

Exhibit P-10 TRUE COPY OF THE PATTA IN L.A.NO.114/1974 DATED 30/04/1979

Exhibit P-11 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 13/02/2020.

Exhibit P-12 TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE SECOND RESPONDENT DATED 14/08/2020