Kerala High Court
Baiju Kurian vs The District Collector on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 5916 OF 2017
PETITIONER:
BAIJU KURIAN
INJIKKAPALATTI VETTIL, MUKKANNOOR VILLAGE, ALUVA
TALUK, ERNAKULAM DIST.
BY ADVS.
SRI.T.P.SAJAN
SRI.M.MOHAMED NAVAZ
RESPONDENTS:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
ERNAKULAM, PIN - 682030.
2 ADDITIONAL THASILDAR
OFFICE OF THE ADDITIONAL THASILDAR,
ALUVA TALUK - 683101.
3 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE OFFICE, MUKKANNOOR VILLAGE,
ALUVA TALUK, MUKKANNOOR P.O., PIN- 683116.
BY ADV.
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5916 of 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 5916 of 2017
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Dated this the 05th day of April, 2024.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(a) Issue a writ of mandamus or any other
appropriate writ order or direction, commanding the
first respondent to pass orders on Ext P4 complaint
taking in to consideration, the entries in the old
revenue records like BTR, Settlement Register etc.
and Ext P5 report within a time frame to be fixed by
this Hon'ble court.
(b) to Issue a writ of mandamus or any
other appropriate writ order or direction,
commanding the first respondent to make an enquiry
in to the allegation regarding alteration in the nature
of land in revenue records during the resurvey of
property and take necessary action to restore the
nature of land as in old survey records.
(c) To grant such other relief's as are just
and proper in the nature of this case."[SIC]
2. The grievance of the petitioner is narrated
in Ext.P4 representation which was filed before the 1 st
respondent. If the same is pending before the 1 st
respondent, there can be a direction to the 1 st
respondent to consider the same with notice to the
petitioner and other affected parties.
Therefore, this Writ Petition is disposed of with
the following directions:
1. The 1st respondent is directed to consider
and pass appropriate orders in Ext.P4
after giving an opportunity of hearing
to the petitioner and other affected
parties, if any, as expeditiously as
possible, at any rate, within a period of
five months from the date of receipt of
a copy of this judgment.
2. The petitioner will produce a certified
copy of this judgment along with a
copy of the Writ Petition with exhibits
before the 1st respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 5916/2017
PETITIONER EXHIBITS
EXHIBIT-P1: TRUE COPY OF THE PARTITION DEED
NO.2057/1981 OF ANKAMALI SRO.
EXHIBIT-P2: TRUE COPY OF OLD FIELD REGISTER.
EXHIBIT-P3: TRUE COPY OF COMPLAINT FILED BEFORE
THE REVENUE DIVISIONAL OFFICER, FORT
KOCHI DATED 23.7.2010.
EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION
DATED 2.9.2015.
EXHIBIT-P5: TRUE COPY OF THE REPORT OF THE
AGRICULTURAL OFFICER DATED 1.9.2015.
EXHIBIT-P6: TRUE COPY OF JUDGMENT DATED
17.9.2015 IN WP(C) 28199/2015.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
