Maniyamma Rajappan vs State Of Kerala
2023 Latest Caselaw 10978 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                          WP(C) NO. 33666 OF 2023


PETITIONER:

             MANIYAMMA RAJAPPAN
             AGED 56 YEARS
             W/O LATE RAJAPPAN, KAPPUMCHALIL, KALVERYMOUNT, RESIDING
             AT THANKAMANI VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT,
             PIN - 685515
             BY ADVS.
             VARGHESE C.KURIAKOSE
             AMRITHA.J
             VIPIN C. VARGHESE
             KURUVILLA MATHEW


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2       THE LAND REVENUE COMMISSIONER,
             PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPP. ZOO, VIKHAS
             BHAVAN P.O. THIRUVANANTHAPURAM, PIN - 695033
     3       THE DISTRICT COLLECTOR,
             IDUKKI DISTRICT, DISTRICT COLLECTORATE, CIVIL STATION,
             KUYILIMALA, IDUKKI, PIN - 685603
     4       THE SUB COLLECTOR,
             O/O THE REVENUE DIVISIONAL OFFICER, CIVIL STATION,
             KUYILIMALA, IDUKKI-, PIN - 685603
     5       THE TAHSILDAR
             (LAND RECORDS) IDUKKI TALUK, IDUKKI DISTRICT, PIN -
             685603
             SR.GP - JAFAR KHAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.10.2023,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 33666 of 2023              :2:



                         VIJU ABRAHAM , J.
              ===========================
                     WP(C) No. 33666 of 2023
              ============================
              Dated this the 26th day of October, 2023

                              JUDGMENT

Petitioner has approached this Court seeking a direction to the 3 rd

respondent District Collector to consider and pass orders on Ext P13

appeal preferred against Ext P11 order issued by the Tahsildar.

2. The learned Special Government Pleader on instructions

submits that the proper authority to consider an appeal against Ext P11

order is the Revenue Divisional Officer, Idukki. Petitioner would submit

that the 4th respondent who is the appellate authority has personally

supervised the alleged eviction and filing an appeal before the said

authority will be of no purpose and the petitioner apprehend that the

appeal will not be properly considered in accordance with law.

3. The learned Special Government Pleader though disputed the

apprehension raised by the petitioner, upon instructions submits that the

3rd respondent will forward Ext P13 appeal to the Sub Collector, Devikulam

who will pass orders on the same in accordance with law after affording an

opportunity of being heard to the petitioner, within a period of two months

from the date of receipt of a copy of this judgment. Recording the said

submission, the above writ petition is closed.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 33666/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF TAX RECEIPT DATED 20.04.2023 ISSUED BY VILLAGE OFFICER Exhibit P2 TRUE PHOTOSTAT COPY OF GOVT. ORDER DATED 06.08.2015 WHICH BEARS NO.G.O. (MS) NO.374/2015/RD ISSUED BY GOVERNMENT OF KERALA Exhibit P3 TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT DATED 14.09.2017 Exhibit P4 EXT.P4:TRUE PHOTOSTAT COPY OF THE JUDGMENT IN W.P. (C) NO.28910/2020 PASSED BY THIS HON'BLE COURT DATED 16.11.2021 Exhibit P5 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN C.C.C.NO.815/2022 PASSED BY THIS HON'BLE COURT DATED 07.07.2022 Exhibit P6 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN C.C.C.NO.177/2023 PASSED BY THIS HON'BLE COURT DATED 07.06.2023 Exhibit P7 TRUE PHOTOSTAT COPY OF NOTICE ISSUED BY THE KAMAKSHY GRAMAPANCHAYAT DATED 02.05.2023 Exhibit P8 TRUE PHOTOSTAT COPY OF THE SHORT REPLY SUBMITTED BY THE PETITIONER ON 24.05.2023 Exhibit P9 TRUE PHOTOSTAT COPY OF THE FORM B DATED 01.05.2023 Exhibit P10 TRUE PHOTOSTAT COPY OF THE DETAILED OBJECTION DATED 24.05.2023 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P11 TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THE 5TH RESPONDENT DATED 01.07.2023, WHICH IS COMMUNICATED TO 03.07.2023 Exhibit P12 TRUE PHOTOSTAT COPY OF THE SKETCH PREPARED BY THE FOREST DEPARTMENT Exhibit P13 TRUE PHOTOSTAT COPY OF THE APPEAL PREFERRED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 20.07.2023 Exhibit P14 TRUE PHOTOSTAT COPY OF THE APPEAL PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 20.07.2023 Exhibit P15 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT CARD SIGNED FROM THE COLLECTORATE ON 22.07.2023 Exhibit P16 TRUE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 21.08.2023