Kerala High Court
State Of Kerala vs Vivek Joseph on 2 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Wednesday, the 2nd day of August 2023 / 11th Sravana, 1945
RSA NO. 583 OF 2021
OS 68/2007 OF SUB COURT,SULTHANBATHERY
AS.13/2019 OF I ADDL.DISTRICT COURT,KALPETTA.
APPELLANTS/APPELLANTS IN AS/DEFENDANTS 1 TO 8 IN OS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, WAYANAD, CIVIL STATION,KALPETTA NORTH P.O.,
KALPETTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT.
3. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, WAYANAD DISTRICT,
CIVIL STATION, KALPETTA P.O., VYTHIRI TALUK.
4. THE SURVEYOR(SURVEY OFFICER), RESURVEY DEPARTMENT, REGARDING BLOCK
NO.25, KUNNATHIDAVAKA VILLAGE, RE SURVEY OFFICE, SULTHANBATHERY.P.O,
SULTHANBATHERY TALUK.
5. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS(RESURVEY),
SULTHANBATHERY P.O., SULTHANBATHERY TALUK.
6. THE ASSISTANT DIRECTOR OF RE-SURVEY AND LAND RECORDS, KARANI POST,
KANIYAMBETTA VILLAGE, VYTHIRI TALUK.
7. THE THAHSLDAR VYTHIRI TALUK, VYTHIRI P.O, KUNNATHIDAVAKA AMSOM
DESOM, VYTHIRI TALUK.
8. THE VILLAGE OFFICER, VYTHIRI P.O., KUNNATHIDAVKA VILLAGE, VYTHIRI
TALUK.
BY GOVERNMENT PLEADER
RESPONDENTS/RESPONDENTS/PLAINTIFFS & DEFENDANT 9 IN OS.:
1. VIVEK JOSEP, S/O.KURIAN, AGED 29 YEARS, EXECUTIVE ,KANATHUR TEMPLE
ROAD, PALLIKKUNNU AMSOM DESOM, PALLIKKUNNU POST, KANNUR TALUK,
KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER RITA
JOSEPH, W/O.K.J.JOSEPH, KARIMUNDAKKAL HOUSE, KANATHUR TEMPLE ROAD,
PALLIKKUNNU AMSOM DESOM,PALLIKKUNNU POST, KANNUR TALUK, KANNUR
DISTRICT-670004.
2. VYTHIRI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VYTHIRI.P.O,
VYTHIRI TALUK, WAYANAD DISTRICT-673576.
R2 BY ADV SRI.MANOJ RAMASWAMY
This Regular second appeal having come up for orders on 02.08.2023,
the court on the same day passed the following:
T.R.RAVI, J.
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R.S.A Nos.579 & 583 of 2021
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Dated this the 02nd day of August, 2023.
ORDER
The counsel for the appellant-State seeks time.
The senior counsel appearing for the respondents submits that
as per Annexure R1(a) judgment produced along with I.A.No.1 of
2022 in R.S.A.No.579 of 2021 appeals filed by the Vythiri Grama
Panchayath arising from the very same suits were dismissed on
merits by the Additional District Judge-I, Kalpetta on 15.11.2021. The
appeals preferred by the State were dismissed on the next day
consequent to the dismissal of the application for condoning the
delay. It is pointed out that since the appeals filed by the Vythiri
Grama Panchayath have been dismissed on merits after rendering
findings which are against the State, the State may not be able to
prefer the second appeal against the dismissal of the appeals filed by
the State alone and the judgment Annexure R1(a) may also have to be
challenged.
Government Pleader to get instructions.
Post on 09.08.2023.
H/o Sd/-
T.R.RAVI
JUDGE
mpm
02-08-2023 /True Copy/ Assistant Registrar
