Kerala High Court
Somasundaran P.K vs The Revenue Divisional Officer 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. 13869 OF 2024
PETITIONER/S:
SOMASUNDARAN P.K
AGED 64 YEARS, S/O RAMATHARAKAN,
RESIDING AT SOMAN VILLA, P.O. KOTTAPPURAM,
PALAKKAD, PIN - 679 513.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
NIKITHA K.V.
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101.
2 THE TAHSILDAR (LR)
OTTAPALAM TALUK OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679 101.
3 THE VILLAGE OFFICER
KARIMPUZHA-1 VILLAGE, KARIMPUZHA P.O.,
PALAKKAD DISTRICT, PIN - 679 513.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, Sr.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.13869 OF 2024
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
W.P.(C).No. 13869 of 2024
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Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers;-
"(i) call for the records leading to the passing
of Ext.P4 by the 2nd respondent and quash
the same by the issue of a writ of certiorari
or other appropriate writ, order or direction;
(ii) issue a writ in the nature of mandamus
directing the 1st respondent to consider on
merits Ext.P5 appeal expeditiously and
pass orders on the same after affording to
the petitioner a reasonable opportunity of
being heard;
(iii) issue a writ in the nature of mandamus
directing the 3rd respondent to accept land
tax from the petitioner in respect to his 24
½ cents of property in Sy.Nos.16/1,
16/7A1A and 7A1B of Karimpuzha I Village
in Ottapalam Taluk, Palakkad District and
issue possession certificate to him;
(iv) dispense with the filing of translation of
vernacular documents;
and
(v) issue such other writ, order or direction as
this honorable court deems fit and proper
in the circumstances of the case.".
[SIC]
WP(C) NO.13869 OF 2024
2. The learned Counsel for the petitioner
submits that the the petitioner will be satisfied, if a
direction is issued to the 1st respondent to consider Ext.P5
Appeal filed against Ext.P4 order.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader also.
4. After hearing both sides, I think that the prayer
can be allowed.
Therefore, this writ petition is disposed of with
following directions.
I. The 1st respondent is directed to consider
and pass appropriate orders in Ext.P5
appeal after giving an opportunity of
hearing to the petitioner, as expeditiously
as possible, at any rate, within three
months from the date of receipt of a copy
of this Judgment.
WP(C) NO.13869 OF 2024
II. The petitioner shall 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
S.M.K.
WP(C) NO.13869 OF 2024
APPENDIX
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT, DATED
21.3.2005.
Exhibit-P2 TRUE COPY OF ONE SUCH TAX RECEIPT ISSUED BY
THE 3RD RESPONDENT, DATED 15.4.2013.
Exhibit-P3 TRUE COPY OF THE COMMUNICATION NO.G6-2019/
2151/G ADDRESSED BY THE DISTRICT SURVEY
SUPERINTENDENT, PALAKKAD, DATED 26.7.2019.
Exhibit-P4 TRUE COPY OF THE STEREOTYPE ORDER
NO.2017/2010/9/400/H3 ISSUED BY THE 2ND
RESPONDENT, DATED -NIL-
Exhibit-P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT, DATED
24.7.2023.
