K.M.Abdul Rahiman vs Cochin Devaswom Board
2023 Latest Caselaw 8900 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 26216 OF 2023
PETITIONER/S:

          K.M.ABDUL RAHIMAN, AGED 53 YEARS
          S/O.MUHAMMEDKUTTY, KULAPPURATH HOUSE,
          CHELAKKARA VILLAGE, THALAPPALLY THALUK,
          THRISSUR DISTRICT., PIN - 680586
          BY ADVS.
          LINDONS C.DAVIS
          E.U.DHANYA
          N.S.SHAMILA
          CHINJU P. JOYIES


RESPONDENT/S:

    1     COCHIN DEVASWOM BOARD, THRISSUR,
          REPRESENTED BY SECRETARY, PIN - 680001
    2     SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR., PIN -
          680001
    3     SPECIAL DEVASWOM COMMISSIONER
          COCHIN DEVASWOM, THRISSUR., PIN - 680001
    4     SPECIAL TAHSILDAR,COCHIN DEVASWOM BOARD,
          THRISSUR., PIN - 680001
    5     DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE,
          THRISSUR., PIN - 680003
    6     REVENUE DIVISIONAL OFFICER
          CIVIL STATION, AYYANTHOLE, THRISSUR., PIN - 680003
    7     BEEVATHUMMA, W/O.HYDRU, KULANTHINKAL HOUSE, CHELAKKARA,
          THRISSUR DISTRICT., PIN - 680586



          SRI.K.P.SUDHEER(S.C.),
           SMT.DEEPA V.(G.P)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26216 OF 2023                    2



                                   JUDGMENT

Petitioner has approached this Court, seeking a limited

relief. He prays that Ext.P8 revision dated 03.03.2021, filed by

the 7th respondent before the District Collector, Thrissur may be

considered and disposed of by this Court, within a time frame

to be fixed by this Court.

2. Learned Government Pleader appearing for the

official respondents and the learned Standing Counsel

appearing for respondent Nos.1 to 3 submit that they have no

objection in such a direction being issued.

3. Considering the nature of the order that I propose to

pass, it is not necessary to issue notice to the 7 th respondent.

Accordingly, the writ petition will stand disposed of,

directing the 5th respondent to consider and pass orders on

Ext.P8, after affording an opportunity of hearing to the

petitioner, the 7th respondent as also to the 2 nd respondent,

within a period of three months from the date of receipt of a

certified copy of this judgment.

Sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF WP(C) 26216/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF FROM C EVICTION NOTICE AS PER FORM C UNDER RULE.11 OF KERALA LAND CONSERVANCY RULES ISSUED TO THE 7TH RESPONDENT Exhibit P2 A COPY OF THE MAHAZAR DATED 29.02.2008 EVICTING THE 7TH RESPONDENT FROM THE ENCROACHMENT Exhibit P3 A COPY OF THE OFFICIAL MEMORANDUM DATED 01.12.2012 OF THE OFFICE OF THE COCHIN DEVASWOM BOARD Exhibit P4 A COPY OF THE REPRESENTATION DATED 03.05.2018 BEFORE THE 3RD RESPONDENT FOR EVICTING THE 7TH RESPONDENT Exhibit P5 A COPY OF THE JUDGMENT DATED 28.02.2019 IN WP (C) NO.6111/2019 Exhibit P6 A COPY OF THE ORDER NO.B.109/2006 DATED 28.01.2020 OF COCHIN DEVASWOM BOARD SPECIAL TAHSILDAR & EXECUTIVE MAGISTRATE Exhibit P7 A COPY THE NOTICE IN FROM.C DATED 28.01.2020 OF COCHIN DEVASWOM BOARD SPECIAL TAHSILDAR & EXECUTIVE MAGISTRATE ISSUED TO THE 7TH RESPONDENT Exhibit P8 A COPY OF THE REVISION DATED 03.03.2021 FILED BY THE 7TH RESPONDENT BEFORE THE DISTRICT COLLECTOR Exhibit P9 A COPY OF THE COVERING LETTER DATED 15.07.2023 WITH FILE NO.DCTSR/7495/2023-B4 DATED 15.07.2023 ISSUED BY THE STATE INFORMATION OFFICER OF COLLECTORATE; THRISSUR Exhibit P10 A COPY OF THE LAWYER NOTICE DATED 14.01.2022 ON BEHALF OF THE PETITIONER ISSUED TO THE SECRETARY, COCHIN DEVASWOM BOARD