A.P.Varghese vs The Minister For Revenue And ...
2022 Latest Caselaw 5754 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                      WP(C) NO. 13353 OF 2022
PETITIONER:

         A.P.VARGHESE,
         AGED 73 YEARS
         AREECKAL, (KALPPURAYIL), THIRUVILAMKUNNU, KARIYAD,
         MEKKAD P.O., ERNAKULAM-683 589.
         BY ADV SANIL KUMAR


RESPONDENTS:

    1     THE MINISTER FOR REVENUE AND HOUSING,
          OFFICE OF MINISTER FOR REVENUE AND HOUSING
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     SPECIAL TAHASILDAR (LA),
          NO.11, COCHIN INTERNATIONAL AIR PORT LTD.,
          NEDUMBASSERY, NEDUMBASSERY AIRPORT P.O.,
          KERALA-683 111.
    3     MANAGING DIRECTOR,
          COCHIN INTERNATIONAL AIRPORT LTD., NEDUMBASSERY,
          NEDUMBASSERY AIRPORT P.O., KERALA-683 111.
OTHER PRESENT:

          SHRI.JAFFAR KHAN, SR.GP
          SHRI.BENNY P.THOMAS - SC - CIAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13353 OF 2022             2

                          JUDGMENT

After the learned counsel for the parties argued this

matter today, noticing that the jurisdiction of this Court in such

matters are extremely limited, Shri.Sanil Kumar K. - learned

counsel for the petitioner, pleaded that his client's

representation, namely Ext.P3, preferred before the Hon'ble

Minister for Revenue and Housing, Government of Kerala be

directed to be taken up and disposed of by the said Authority

within a time frame to be fixed by this Court.

2. Shri.Jaffar Khan - learned Senior Government Pleader,

submitted that Ext.P3 is incompetent because it has been

preferred before the Hon'ble Minister, while the petitioner

ought to have approached the Secretary for Revenue.

3. Shri.Benny P.Thomas - learned Standing Counsel

appearing for the Cochin International Airport Ltd. (CIAL),

submitted that he does not have any comment to make on the

allegations made by the petitioner, except to say that they are

all without basis and that the property involved in this case -

which was earlier owned by him - has been put to use for the

purposes of the Airport. He added that, however, if this Court is

inclined to direct any of the competent respondents to take up

Ext.P3 or any other representation to be preferred by the

petitioner, the official concerned of the CIAL be also directed to

be heard.

Taking note of the afore submissions and since I find

favour with the afore contention of the learned Senior

Government Pleader, I order this writ petition, leaving liberty to

the petitioner to move the Secretary for Revenue, Government

of Kerala, with an appropriate representation/application; and if

this is done within a period of one month from the date of

receipt of a copy of this judgment, same shall be considered by

the said Authority, after affording the petitioner as also the

official concerned of the CIAL, 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 on which it is so received.

I make it clear that this Court has not entered into the

merits of any of the rival contentions and that they are all left

open to be pursued appropriately when the afore exercise is

completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 13353/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE B2/17/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 04.07.95 SL. NO.16.

Exhibit P1 B TRUE COPY OF THE NOTICE B2/17/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 04.07.95 SL. NO.17.

Exhibit P1 C TRUE COPY OF THE NOTICE B2/17/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 04.07.95 SL. NO.19.

Exhibit P2 TRUE COPY OF THE NOTICE LAC 12/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 15.01.96.

Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.08.2021.