Thomas Alias Kunjappan vs State Of Kerala
2023 Latest Caselaw 5867 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   WP(C) NO. 2957 OF 2023


PETITIONER:

          THOMAS ALIAS KUNJAPPAN
          AGED 72 YEARS
          S/O. JOSEPH, PONNARIMANGALAM,
          MULAVUKAD P.O., ERNAKULAM, PIN - 682504
          BY ADVS.
          MAJIDA.S
          AJIKHAN.M
          MUHAMMED SUHAIL K.H.

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     REVENUE DIVISIONAL OFFICE FORT KOCHI
          X69V+2HV, FIRST FLOOR, KB JACOB ROAD,
          FORT KOCHI, ERNAKULAM, PIN - 682001
    3     DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION,
          ECHAMUKU, KAKKANAD, ERNAKULAM, PIN - 682030
    4     THE TAHSILDAR
          KANAYANNUR TALUK , ALUVA,
          ERNAKULAM, PIN - 682305
    5     MULAVUKAD GRAMA PANCHAYAT, ERNAKULAM
          MULAVUKAD GRAMA PANCHYATH, MULAVUKAD,
          ERNAKULAM, PIN - 682504


          SMT.VIDYA KURIAKOSE, GP,
          SMT.REKHA VASUDEVAN, SC FOR R5


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.2957/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.2957 of 2023
             ----------------------------------------------
            Dated this the 24th day of May, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i. To pass a writ or direction to the 2nd respondent to dispose Exhibit-P8 application within a stipulated time as specified by this Hon'ble Court. ii. To grant such other reliefs as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case.

(SIC)

2. The only prayer in this writ petition is for issuing a

direction to the 2nd respondent to consider Ext.P8 application

within a stipulated time.

3. The counsel for the petitioner submitted that there

may be a direction to the 2 nd respondent. The counsel for the

5th respondent submitted that the 3rd respondent is the proper

authority to consider the same. The Government Pleader

submitted that the 2nd respondent is the authority. Whatever

that may be, the 2nd respondent can consider Ext.P8 and if the WP(C).No.2957/2023

2nd respondent feels that he is not the proper authority, he can

forward the same to the competent authority. Since Ext.P8 is

pending before the 2nd respondent, the 2nd respondent will

consider the same and take appropriate action in it, with

notice to the petitioner and the 5th respondent.

Therefore, this writ petition is disposed of in the

following manner:

1. The 2nd respondent is directed to consider and

pass appropriate orders in Ext.P8, after

affording an opportunity of hearing to the

petitioner and the 5th respondent, as

expeditiously as possible, at any rate, within two

months from the date of receipt of a stamped

certified copy of this judgment.

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 2nd respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.2957/2023

APPENDIX OF WP(C) 2957/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF WRIT PETITION NO. 16292/2019 DATED 1/12/2021 Exhibit P2 TRUE COPY OF THE SUICIDE NOTE OF THE PETITIONER'S DECEASED WIFE Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF TAHSILDAR NO. S1-14377/18 DATED 10/11/2022 Exhibit4 A TRUE COPY OF THE PROCEEDING IN WHICH THE PETITIONER AND THE SECRETARY OF THE PANCHAYAT SIGNED DATED 07/11/2022 Exhibit P5 A TRUE COPY THE LETTER ISSUED TO THE 4TH RESPONDENT TAHSILDAR BY THE PETITIONER DATED 10/11/2022 Exhibit P6 TRUE COPY THE RECEIPT OF THE LETTER ISSUED TO THE 4TH RESPONDENT TAHSILDAR BY THE PETITIONER DATED 10/11/2022 Exhibit P7 TRUE COPY OF THE PLAN SHOWING THE RESURVEY AND OLD SURVEY MEASUREMENT OBTAINED FROM THE OFFICE OF THE 4TH RESPONDENT TAHSILDAR Exhibit P8 TRUE COPY OF THE REPRESENTATION FILED BEFORE RDO BY THE PETITIONER DATED 16/01/2023 Exhibit P9 TRUE COPY OF THE RECEIPT OF THE REPRESENTATION FILED BEFORE RDO BY THE PETITIONER DATED 16/01/2023 RESPONDENT EXHIBITS EXHIBIT R5(a) True copy of the resolution passed dated 7.6.2022 by the respondent herein EXHIBIT R5(b) True copy of the Letter dated Nil submitted by Committee of the respondent herein to the Honourable Chief Minister of Kerala EXHIBIT R5(c) . A true copy of the Appeal dated 7.3.2023 submitted by the respondent herein to the 3rd respondent