Philip David vs Revenue Divisional Officer (Rdo)
2023 Latest Caselaw 9380 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        WP(C) NO. 28721 OF 2023
PETITIONER/S:

            PHILIP DAVID , AGED 72 YEARS
            S/O. PHILIP, VETTATHETHU VEETIL,
            VENMONEY PADINJATTU MURI, VENMONEY VILLAGE
            CHENGANNUR TALUK. PIN- 689122, PIN - 689122
            BY ADVS.
            JACOB P.ALEX
            JOSEPH P.ALEX
            MANU SANKAR P.
            AMAL AMIR ALI


RESPONDENT/S:

    1       REVENUE DIVISIONAL OFFICER (RDO)
            REVENUE DIVISIONAL OFFICE, MAVELIKKARA KOZHENCHERY
            ROAD-SH 10 CHENGANNUR, PIN- 689121, PIN - 689121
    2       TAHASILDAR (LAND RECORDS), TALUK OFFICE, CHENGANNUR,
            ALAPPUZHA, PIN 689 121
    3       VILLAGE OFFICER, VILLAGE OFFICE, VENMONY P.O ALAPPUZHA,
            PIN- 689509
    4       SUNNY STEPHEN ALBERT, AGED 58 YEARS
            S/O. STEPHEN, VETATHETHU HOUSE, VENMONY PO,
            VENMONY WEST MURI, CHENGANNOOR.
             REPRESENTED BY POWER OF ATTORNEY HOLDER VARGHESE
            JOSEPH, AGED 72 YEARS, S/O ISAQ JOSEPH, KUTTIYIL,
            VENMONY PO, CHENGANNOOR, ALAPPUZHA. PIN 689509, PIN -
            689509



            SMT. PREETHA KK (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28721 OF 2023                    2



                                  JUDGMENT

The petitioner is aggrieved by certain wrong entries in

Ext.P2-Thandaper Register. The petitioner has preferred Ext.P5

appeal under Rule 18 of the Transfer of Registry Rules, before

the 1st respondent.

2. Learned Government Pleader submits that since there is

no determination by the village officer in the issue, it is for the

petitioner, at the first instance, to approach the village officer,

seeking correction of the wrong entries and if the village officer

refuses to do so, it will be open to the petitioner to prefer the

appeal before the appellate authority, against the order of the

village officer.

3. Learned counsel appearing for the petitioner submits

that the petitioner may be permitted to file necessary application

before the village officer for correction of the wrong entries in

Ext.P2 and the village officer may be directed to consider that

objection/petition and take a decision, after affording an

opportunity of hearing to the petitioner, within a time frame to be

fixed by this Court.

4. Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader, the writ petition

will stand disposed of, directing that if the petitioner files an

application/objection before the 3 rd respondent for correcting the

wrong entries in Ext.P2, the 3rd respondent shall consider such

application, in accordance with the law, after affording an

opportunity of hearing to the petitioner and to any affected

parties, including the 4th respondent, within a period of three

months from the date of receipt of a certified copy of this

judgment. The petitioner shall prefer the objections/petition

before the 3rd respondent within a period of three weeks from the

date of receipt of a certified copy of this judgment. The

petitioner shall produce copy of the writ petition and copy of the

judgment before the 3rd respondent, for compliance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 28721/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE THANDAPER REGISTER SHOWING REMITTANCE OF TAX BY GRACY PHILIP Exhibit P2 TRUE COPY OF RELEVANT PAGE OF THANDAPER REGISTER HAVING THANDAPER NO.3455 ISSUED BY 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE POWER OF ATTORNEY DATED 16.07.2012 EXECUTED BY 4TH RESPONDENT AND HIS BROTHER - JOHN KENNEDY STEPHEN IN FAVOR OF PETITIONER Exhibit P4 TRUE COPY OF JUDGMENT DATED 11.02.2021 IN O.S. NO. 269 OF 2012 ON THE FILES OF MUNSIFF COURT, CHENGANNUR Exhibit P5 TRUE COPY OF THE APPEAL MEMORANDUM DATED 23-

10-2021 BEARING NO. TO CHNG/197/22 C9 SUBMITTED BEFORE 2ND RESPONDENT