Charitable Educational And ... vs District Collector
2023 Latest Caselaw 8231 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
      TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                          WP(C) NO. 21495 OF 2023
PETITIONER:

            CHARITABLE EDUCATIONAL AND WELFARE SOCIETY
            KADAMMANITTA, PATHANAMTHITTA DISTRICT, PIN - 689 649.
            REPRESENTED BY ITS CHAIRMAN, K.J.ABRAHAM.

            BY ADV JESTIN MATHEW



RESPONDENTS:

     1      DISTRICT COLLECTOR
            PALAKKAD, COLLECTORATE,
            PALAKKAD DISTRICT, PIN - 679 001.

     2      REVENUE DIVISIONAL OFFICER
            PALAKKAD, PALAKKAD DISTRICT, PIN - 679 001.

     3      TAHASILDAR
            ALATHUR, TALUK OFFICE , ALATHUR,
            PALAKKAD DISTRICT, PIN - 678 541.

     4      VILLAGE OFFICER
            KIZHAKKENCHERRY NO.II, VILLAGE OFFICE,
            KIZHAKKENCHERRY P.O, PALAKKAD DISTRICT, PIN - 678 684.

     5      SUB REGISTRAR
            VADAKKENCHERRY SUB REGISTRAR OFFICE,
            VADAKKENCHERRY P.O, PALAKKAD DISTRICT, PIN - 678 683.

            BY ADV. SMT. PREETHA K K (SR GP)




     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21495/2023                    2


                              JUDGMENT

Petitioner has approached this Court being aggrieved by the

fact that despite the directions contained in Ext.P8 judgment, the

first respondent has not considered Ext.P6 appeal afresh as

directed in Ext.P8 judgment.

2. The learned Senior Government Pleader, on instructions,

would submit that though the petitioner was heard by the District

Collector, no orders are seen on the file and therefore Ext.P6

appeal will be reconsidered by the District Collector after affording

an opportunity of hearing to the petitioner.

3. Having heard the learned counsel for the petitioner and

the learned Senior Government Pleader, this writ petition will stand

disposed of directing the first respondent to consider Ext.P6 appeal

in terms of Ext.P8 judgment without any further delay and after

affording an opportunity of hearing to the petitioner, within a

period three months from the date of receipt of a certified copy of

this judgment. It will open to the petitioner to point out all

materials in their favour before the District Collector for

consideration.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 21495/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 03/09/2013 IN WPC NO. 21897/ 2013 OF THIS HONOURABLE COURT

Exhibit P2 A TRUE COPY OF THE NOTIFICATION DATED 02/11/2010 PUBLISHED BY THE 2ND RESPONDENT IN FORM-A OF KERALA STAMP (FIXATION OF FAIR VALUE OF LAND) RULES, 1995

Exhibit P3 A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 10/02/2011

Exhibit P4 A TRUE COPY OF THE REPORT OF ADDITIONAL TAHASILDAR OF ALATHUR TALUK DATED 04/06/2011

Exhibit P5 A TRUE COPY OF THE VALUATION CERTIFICATE DATED 17/10/2007 PREPARED BY AN EXPERT IN CONNECTION WITH THE DRT PROCEEDINGS

Exhibit P6 A TRUE COPY OF THE APPEAL DATED 15/11/2010 PREFERRED BY THE PETITIONER AGAINST THE EXHIBIT P2 NOTIFICATION OF FAIR VALUE

Exhibit P7 A TRUE COPY OF THE ORDER DATED 30/04/2015 ISSUED BY THE 1ST RESPONDENT

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 16.01.2018 IN WPC NO. 29956/2015 OF THIS HONOURABLE COURT

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 16/10/2018 IN WA NO. 1821/2018 OF THIS HONOURABLE COURT

Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 02/12/2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 02/06/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT