Biji Jacob vs State Of Kerala
2023 Latest Caselaw 1464 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                       WP(C) NO. 42386 OF 2022
PETITIONER:

          BIJI JACOB
          AGED 52 YEARS
          W/O T.M. JACOB, RESIDING AT CHANDAVILA THEKKETHIL
          HOUSE, KIZAKKEKKARA MURI, KOTTARAKARA VILLAGE,
          PULAMON P.O., KOTTARAKARA TALUK,
          KOLLAM DISTRICT - 691531.

          BY ADV K.SHAJ


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     THE DISTRICT COLLECTOR
          DISTRICT COLLECTORATE, CIVIL STATION ROAD, KOLLAM,
          KOLLAM DISTRICT - 691013.

    3     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, DISTRICT COLLECTORATE,
          CIVIL STATION ROAD, KOLLAM, KOLLAM DISTRICT - 691013.

    4     THE TAHSILDAR (L. R.),
          TALUK OFFICE, MINI CIVIL STATION, KOTTARAKARA,
          KOTTARAKARA TALUK, KOLLAM DISTRICT -691506.

    5     THE TAHSILDAR (L.C.),
          TALUK OFFICE, MINI CIVIL STATION, KOTTARAKARA,
          KOTTARAKARA TALUK, KOLLAM DISTRICT - 691506.

    6     THE VILLAGE OFFICER,
          VILLAGE OFFICE, KOTTARAKARA, KOTTARAKARA VILLAGE,
          KOLLAM DISTRICT-691506.

    7     THE EXECUTIVE ENGINEER,
          PWD (ROAD DIVISION), OFFICE OF THE EXECUTIVE ENGINEER,
          PWD, KOTTARAKARA, MINI CIVIL STATION, KOTTARAKARA
          TALUK, KOLLAM DISTRICT-691506.
 WP(C) NO. 42386 OF 2022

                                   2

      SRI.BIMAL K.NATH, SR.GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.01.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 42386 OF 2022

                                     3

                               T.R. RAVI, J.
               --------------------------------------------
                     W.P. (C) No.42386 of 2022
                   --------------------------------------------
              Dated this the 20th day of January, 2023

                              JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The prayer in the writ petition is to quash Ext.P6

and direct the 2nd respondent to pass orders after hearing all

the parties and to conduct proper enquiry. Ext.P6 order says

that the parties were heard. However, paragraph No.2 of the

order would show that the petitioner's brother was asked to

make available certain documents before the Taluk Office,

Kottarakara. According to the petitioner, except for directing

production of certain documents there was no hearing based

on the documents. It would appear from the order that the

order has been issued on the basis of a report received from

the Taluk Office, Kottarakara.

In the above circumstances, interest of justice will be

served, if the issue is reconsidered after affording an

opportunity of hearing to the petitioner. For the above purpose WP(C) NO. 42386 OF 2022

Ext.P6 is set aside. There will be a direction to the 2 nd

respondent to hear the petitioner on the documents already

available and after affording an opportunity to place on record

any other documents. Necessary orders shall be issued within

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

judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 42386 OF 2022

APPENDIX OF WP(C) 42386/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF TAX RECEIPT DATED 16/09/2021 FOR THE YEAR 2021-2022.

Exhibit P2 THE TRUE COPY OF THE REVISION PETITION DATED 24/09/2021 UNDER SECTION 13A OF THE KERALA SURVEY AND BOUNDARIES ACT, 1961 FILED BY THE PETITIONER ON 29/09/2021 BEFORE THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF JUDGMENT DATED 23/12/2021 IN W.P.(C) NO.29431/2021 OF THIS HON'BLE COURT.

Exhibit P4 THE TRUE COPY OF LETTER NO.

DCKLM/10127/22/L13 DATED 25/06/2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P5 THE TRUE COPY OF REPORT NO. B4-15490/2021 DATED 20/06/2022 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT

Exhibit P6 THE TRUE COPY OF ORDER NO. L13-10127/2021 DATED 27/07/2022 ISSUED BY THE 2ND RESPONDENT.