Kerala High Court
Kuttan Pillai @ Kochu Kuttan Pilla vs P.G.Vasudevan Nair on 20 May, 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
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
WA NO. 465 OF 2022
AGAINST JUDGMENT DATED 28.9.2021 IN WP(C) 9183/2021 OF THIS COURT
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APPELLANT/8TH RESPONDENT:
KUTTAN PILLAI @ KOCHU KUTTAN PILLA,S/O. SHANKARA PILLAI, KARAYMA
HOUSE, PULIYOOR VILLAGE, CHENGANNUR TALUK - 689 126.
BY SENIOR ADVOCATE SRI.GEORGE CHERIAN AND
ADVS.M/S. K.S.SANTHI & LATHA SUSAN CHERIAN
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 7:
1. P.G.VASUDEVAN NAIR,AGED 54 YEARS, S/O. LATE GOPALAN PILLAI, RESIDING
AT KARAZHMAYIL HOUSE, PERISSERY P.O, CHENGANNUR - 689126, ALAPPUZHA
DISTRICT.
2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
3. LAND REVENUE COMMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE
COMPOUND, MUSEUM JUNCTION, THIRUVANANTHAPURAM - 695036.
4. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA - 688001.
5. REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, CHENGANNUR - 689121.
6. ADDITIONAL TAHSILDAR, TALUK OFFICE, CHENGANNUR - 689121.
7. THE DEPUTY DIRECTOR, OFFICE OF THE DIRECTOR OF SURVEY, ALAPPUZHA -
688011.
8. THE VILLAGE OFFICER, VILLAGE OFFICE, PULIYOOR - 689510.
BY ADVS M/S R.KRISHNA RAJ, E.S.SONI AND KUM.SANGEETHA.S.NAIR FOR R1.
BY SENIOR GOVERNMENT PLEADER SRI.TEKCHAND FOR R2 TO R8.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to the judgment of the Learned
Single Judge in W.P.(C) No.9183/21 dated 28.9.2021, pending disposal of
the Writ Appeal.
This Writ Appeal coming on for orders on 20/05/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P8:TRUE COPY OF THE ORDER NO. C6-44699/2013
DATED 05-06-2014 PASSED BY THE 3RD RESPONDENT.
EXT.P9:A TRUE COPY OF THE ORDER NO.LR (B) 3-32860/14
DATED 04-02-2016 PASSED BY THE 2ND RESPONDENT.
EXT.P11:TRUE COPY OF THE ORDER NO.REV-E3/39/2019-REV
DATED 19-01-2021 PASSED BY THE 1ST RESPONDENT.
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S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
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W.A.No.465 of 2022
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Dated this the 20th day of May, 2022
ORDER
S.MANIKUMAR, C.J.
As per judgment in W.P.(C)No.9183 of 2021 dated 28 th
September, 2021, this court allowed the writ petition, setting aside
Exts.P8, P9 and P11 and directed the District Collector, Alappuzha
to reconsider the appeal of the writ petitioner, after affording an
opportunity hearing to the writ petitioner and the 8th
respondent/appellant herein.
2. Smt.K.S.Santhi, learned counsel for the appellant
submitted that the appeal is now stated to be pending before the
Revenue Divisional Officer, Chengannur. Appellant herein/8 th
respondent in the writ petition has entered appearance in the
appeal.
3. Mr.Tekchand, learned Senior Government Pleader, on
instructions submitted that the District Collector, Alappuzha
relegated the appeal to the Revenue Divisional Officer, Chengannur
to consider and pass appropriate orders.
W.A.No.465 of 2022
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4. According to the learned Senior Government Pleader, as per
the provisions of the Act, Revenue Divisional Officer is the appellate
authority. He further submitted that in as much as the 8 th respondent
in the writ petition has already entered appearance on 17.5.2022, a
direction can be issued to the Revenue Divisional Officer, Chengannur
to dispose of the appeal within three weeks from today.
5. On the above, Smt.K.S.Santhi, learned counsel for the appellant
seeks time to get instructions.
Post on 23.5.2022.
sd/-
S.MANIKUMAR
CHIEF JUSTICE
sd/-
SHAJI P. CHALY
JUDGE
jes
20-05-2022 /True Copy/ Assistant Registrar
