Kerala High Court
Mary Varkey vs Revenue Divisional Officer on 11 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
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13561 OF 2017
PETITIONERS:
1 MARY VARKEY
W/O. ABRAHAM VARKEY, AGED 70 YEARS,
THAZHATHURUTHIL, KALAYANTHANI.P.O, ALAKKOD
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
2 ABRAHAM VARKEY, S/O.VARKEY, AGED 75 YEARS,
THAZHATHURUTHIL, KALYANATHANI.P.O. ALAKKOD
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
IDUKKI DISTRICT- 685588
2 THE DISTRICT COLLECTOR
IDUKKI DISTRICT- 685 588
3 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, VELLAMATTOM, IDUKKI DISTRICT- 685 585
4 THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
IDUKKI DISTRICT,REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER(RDO),IDUKKI, IDUKKI
DISTRICT- 685 588
5 KERALA STATE REMOTE SENSING AGENCY AND
ENVIRONMENT CENTRE (KSRSEC)
VIKAS BHAVAN, C BLOCK, THIRUVANANTHAPURAM,
KERALA- 695 033, REPRESENTED BY THE DIRECTOR
6 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVRNMENT,REVENUE
DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
BY ADV.RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13561 of 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 13561 of 2017
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Dated this the 11th day of April, 2024.
JUDGMENT
This writ petition is filed seeking the
following reliefs:
"1. Issue a writ of certiorari or any
other appropriate writ, direction or order by
calling for the records leading to the issuance of
exhibit P1 order and set aside the same as
illegal.
2. Direct the first respondent to issue
an order under clause 6 of Kerala Land
Utilization Order to the petitioner permitting him
to use the land of petitioner which is the subject
matter of exhibit P1 for other purposes beneficial
to him including construction of commercial and
residential building.
3. Issue such other writ or orders or
directions, which this Honourable court may
deem fit and proper in the interest of justice and
circumstances of the case."[SIC]
2. The petitioners are challenging Ext.P1
order. Ext.P1 is an order passed by the Revenue
Divisional Officer, Idukki under the provisions of
the Kerala Land Utilisation Order. The petitioners
have got a remedy against Ext.P1 before the
Government as per Clause 14 of the Kerala Land
Utilisation Order. If that be the case, this Writ
petition need not be retained here.
Therefore, this Writ Petition is disposed of in
the following manner:
1. The petitioners are free to file a
revision before the 6th respondent against
Ext.P1 within a period of 30 days from the
date of receipt of a copy of this judgment.
2. Once such a revision is received, the
6th respondent will consider the same and
pass appropriate orders in it, after giving
an opportunity of hearing to the
petitioners, as expeditiously as possible,
at any rate, within a period of four
months from the date of receipt of the
revision.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 13561/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
4.12.2015 ISSUED BY THE FIRST
RESPONDENT
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
12.5.2014 ISSUED BY THE ALAKKODE
VILLAGE OFFICER
EXHIBIT P3 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 16.12.2014
ISSUED BY THE ALAKKODE VILLAGE
OFFICER
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
11.2.2016 IN WP(C) NO. 810/2016
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED
9.2.2016 ISSUED BY THE SECOND
RESPONDENT
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
