Muhammed P A vs The Land Revenue Commissioner
2023 Latest Caselaw 13531 Ker

Kerala High Court

Muhammed P A vs The Land Revenue Commissioner on 21 December, 2023

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                       WP(C) NO. 41479 OF 2023
PETITIONER:

          MUHAMMED P A
          AGED 52 YEARS
          S/O ABDUL KARIM, RESIDING AT PONNAMPADIKAL HOUSE,
          SANTHIPURAM P O, KODUNGALLUR TALUK, THRISSUR DISTRICT,
          PIN - 680663
          BY ADVS.
          K.J.MOHAMMED ANZAR
          P.K.MINIMOLE
          A.RADHAKRISHNAN NAIR
          BAPPU GALIB SALAM
          MUHAMMED ASHIQUE
          G.MOTILAL


RESPONDENTS:

    1     THE LAND REVENUE COMMISSIONER
          PUBLIC OFFICE BUILDING, MUSEUM ROAD, VIKAS BHAVAN P.O,
          THIRUVANANTHAPURAM, PIN - 695033
    2     THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA
          , OFFICE OF THE RDO, IRINJALAKUDA P O, CIVIL STATION,
          THRISSUR DISTRICT, PIN - 680121
OTHER PRESENT:

          SR.GP.K.AMMINIKUTTY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41479 OF 2023
                                  2

                  BECHU KURIAN THOMAS, J.
                  -----------------------------------------
                     W.P.(C) No.41479 of 2023
                   ----------------------------------------
            Dated this the 21st day of December, 2023


                            JUDGMENT

By judgment dated 08-08-2022 in W.P.(C)No.7296 of 2021,

this Court gave the petitioner the liberty to prefer an appeal

against Ext.P8 order therein, along with a delay condonation

petition.

2. It is submitted that the petitioner has, subsequent to

the said judgment, preferred an appeal before the Land Revenue

Commissioner along with a petition to condone the delay of

1004 days. The said petition to condone the delay as well as the

appeal is pending consideration before the 1st respondent.

3. The limited relief now sought for by the petitioner is for

a direction to consider the petition to condone the delay as well

as the appeal in a time-bound manner.

4. Having heard Sri.K.J.Mohammed Anzar, the learned

counsel for the petitioner as well as Smt.K.Amminikutty, the

learned Senior Government Pleader, I am of the view that this

writ petition can be disposed of with a direction. WP(C) NO. 41479 OF 2023

5. Accordingly, there will be a direction to the 1 st

respondent to consider and pass appropriate orders on the

petition to condone the delay as well as the appeal itself, filed by

the petitioner and produced as Ext.P3, as expeditiously as

possible, at any rate, within a period of three months from the

date of receipt of a copy of this judgment, after granting an

opportunity of hearing to the petitioner, bearing in mind the

observations in Ext.P2 judgment.

The writ petition is disposed of.

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 41479 OF 2023

APPENDIX OF WP(C) 41479/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 08.08.2022 IN WP(C) 7296/2021 Exhibit P2 TRUE COPY OF THE ORDER NO. B2- 2316/2018/DDIS DATED 14.11.2019 ISSUED BY THE 2ND RESPONDENT RDO Exhibit P3 TRUE COPY OF THE APPEAL DATED 12.09.2022, ALONG WITH A CONDONATION OF DELAY PETITION SUBMITTED BEFORE THE 1ST RESPONDENT LAND REVENUE COMMISSIONER Exhibit P4 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED 12.09.2022 Exhibit P5 TRUE COPY OF ORDER NO. B2- 5415/2021-LDIS DATED 26.04.2021, ALONG WITH ITS TYPED COPY