Shibu Joseph Kottayil vs The Special Tahsildar
2023 Latest Caselaw 768 Ker

WP(C) NO. 21288 OF 2013             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                          WP(C) NO. 21288 OF 2013
PETITIONER/S:

               SHIBU JOSEPH KOTTAYIL
               S/O. JOSEPH V.KOTTAYIL, EAST HILL, EDAKKAD P.O.,
               KOZHIKODE.

               BY ADVS.
               SRI.K.DILIP
               SRI.MAHBOOB ARUVEETTIL



RESPONDENT/S:

      1        THE SPECIAL TAHSILDAR
               LAND TRIBUNAL, MANJERI-676 501.

      2        THE STATE OF KERALA
               REP.BY ITS SECRETARY TO THE GOVERNMENT, REVENUE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

               BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

               SRI.K.M.FAISAL, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21288 OF 2013                   2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No.21288 of 2013
                     --------------------------------------
               Dated this the 12th day of January, 2023


                                    JUDGMENT

The above writ petition is filed with following prayers :

(i) "Issue a writ of mandamus or any appropriate writ to declare that the petitioner is entitled for a fresh patta or the certified copy of the patta in respect of the property as on the previous date based on the evidence on record in the interest of justice.

(ii) Issue an appropriate writ of mandamus or any other appropriate writ, order or direction commanding the respondents to issue a fresh patta or the certified copy of the patta in respect of the property as on the previous date within such time as may be fixed by this Hon'ble Court, in the interest of justice.

(iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." [SIC]

2. The impugned order in this case is an order passed

by the Public Information Officer attached to the Special

Tahsildar (LR) Manjeri. A perusal of Ext.P8 order itself shows

that if the petitioner is aggrieved by the same, an appeal is

maintainable before the Deputy Collector (LR). Without

availing the statutory authority, this writ petition is filed.

3. The main grievance of the writ petitioner is that the

copy of the patta and the order in SM proceedings

No.2377/1977 is not served to the petitioner because the same

is not located. The Right to Information Act (for short 'RTI Act')

is a complete code in which there are appeal and second

appeal are provided. If there is any violation of the orders

passed by the authorities under the RTI Act, there are

remedies available in the Act itself. In such circumstances,

according to me, the petitioner can file an appeal before the

statutory authorities against Ext.P8. If any appeal is filed

before the appellate authority, the period during which this

writ petition was pending before this Court will be excluded

while calculating the limitation.

Therefore, this writ petition is disposed of granting liberty

to the petitioner to challenge Ext.P8 order as per the provisions

of the Right to Information Act and if any such appeal is filed,

the period during which this writ petition was pending before

this Court will be excluded while calculating the delay.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 21288/2013

PETITIONER EXHIBITS

P1 : COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY ISSUED TO THE PETITIONER'S FATHER BY THE VILLAGE OFFICE, MANKADA, DTD.1.12.2011.

P2 : COPY OF THE NOTICE OF HEARING IN SM PROCEEDINGS NO.2377 OF 1977 OF LAND TRIBUNAL-III OF ANGADIPPURAM DATED NIL.

P3 : COPY OF THE JENM ASSIGNMENT DEED N O.1674/1 OF SRO, MAKKARAPARAMBU EXECUTED BY ONE KUNHI MUHAMMED IN FAVOUR OF THE PETITIONER'S FATHER DTD.7.10.1980.

P4 : COPY OF THE JENM ASSIGNMENT DEED NO.11 OF SRO, MAKKARAPARAMBU EXECUTED BY ONE MUHAMMED MUSTAFA IN FAVOUR OF THE PETITIONER'S FATHER DTD.23.3.1980.

P5 : COPY OF THE JENM ASSIGNMENT DTD.1775/1 OF 1986 OF SRO, MAKKARAPARAMBU EXECUTED BY ONE JACOB IN FAVOUR OF THE PETITIONER'S FATHER DTD.4.9.1986.

P6 : COPY OF THE ORDER OF THE RDO, PATHANAMTHITTA TO THE PETITIONER'S FATHER TO CONVERT THE LAND TO GARDEN LAND DTD.18.3.1981.

P7 : COPY OF THE APPLICATIONI SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE TAHSILDAR, LAND TRIBUNAL, MANJERI, DTD.6.12.2011.

P8 : COPY OF THE COMMUNICATION OF THE PUBLIC INFORMATION OFFICER, LAND REFORMS, LAND TRIBUNAL, MANJERI DTD.25.2.2013.