Kerala High Court
Padmavathy Amma vs The State Of Kerala on 25 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(C) NO. 16358 OF 2024
PETITIONER:
PADMAVATHY AMMA
AGED 69 YEARS
W/O LATE MOHANAN, PADMASREE HOUSE, DEVIKULAM, DEVIKULAM
TALUK, IDUKKI DISTRICT., PIN - 685613
BY ADV RAJESH NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI, PAINAV P.O., IDUKKI DISTRICT, PIN -
675011
3 THE REVENUE DIVISIONAL OFFICER
DEVIKULAM, IDUKKI DISTRICT., PIN - 675011
4 THE TAHSILDAR
DEVIKULAM TALUK, TALUK OFFICE, DEVIKULAM P.O., IDUKKI
DISTRICT, PIN - 675010
5 THE VILLAGE OFFICER
K.D.H. VILLAGE, DEVIKULAM P.O., IDUKKI DISTRICT, PIN -
675010
OTHER PRESENT:
SMT MABLE C KURIEN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16358 OF 2024
2
JUDGMENT
V.G.ARUN (J)
The challenge in this writ petition is against Ext.P4 order of the
District Collector, Idukki, rejecting the petitioner's application for
assignment of land occupied by her, in accordance with the
provisions of the Kannan Devan Hills (Reservation and Assignment
of Vested Lands) Rules, 1977 (hereinafter 'Rules' for brevity).
2. When the matter is taken up for consideration today,
learned counsel for the petitioner submitted that Ext.P6 appeal is
pending before the 1st respondent.
3. The learned Government Pleader submitted that it is
doubtful whether Ext.P6 appeal is maintainable, the original
Authority having found the petitioner's application to be not
maintainable under the Rules.
4. Insofar as, the the petitioner has preferred an appeal
against the impugned order, the Appellate Authority is bound to
consider the same and pass appropriate orders thereon.
The writ petition is hence disposed of, directing the Appellate
Authority to consider and pass orders on Ext.P6 appeal. It will be
open for the Appellate Authority to consider as whether the
application was maintainable under the Rules and if not, whether
WP(C) NO. 16358 OF 2024
the appeal itself is maintainable.
Till orders are passed on Ext.P6 appeal, further proceedings
based on Ext.P4 shall be kept in abeyance.
SD/-
V.G.ARUN
JUDGE
SD/-
M.B. SNEHALATHA
JUDGE
rp
WP(C) NO. 16358 OF 2024
APPENDIX OF WP(C) 16358/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RESIDENTIAL / OWNERSHIP CERTIFICATE
ISSUED BY THE SECRETARY, DEVIKULAM PANCHAYATH AS PER
CERTIFICATE NO. A4-2492 DATED 09-09-2015
Exhibit P2 A TRUE COPY OF THE APPLICATION FOR LAND ASSIGNMENT
SUBMITTED BY THE PETITIONER HEREIN BEFORE THE 2ND
RESPONDENT ON 04-08-2015
Exhibit P3 COPY OF THE JUDGMENT PASSED ON 2ND OF FEBRUARY 2024 BY THE
HON'BLE HIGH COURT OF KERALA IN WRIT PETITION (C) NO.
38753 OF 2015
Exhibit P4 A TRUE COPY OF ORDER ISSUED AS PER FILE NO.
DCIDK/1109/2024-C10 DATED 26-03-2024 BY THE 2ND RESPONDENT
DISTRICT COLLECTOR, IDUKKI DISTRICT
Exhibit P5 A TRUE COPY OF THE MAHSER PREPARED BY THE DEPUTY TAHSILDAR,
DEVIKULAM TALUK ON 05-10-2015 WITH RESPECT TO 10 CENTS OF LAND IN
QUESTION
Exhibit P6 A TRUE COPY OF THE APPEAL DATED 17-04-2024 FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P7 A TRUE COPY OF THE POSTAL RECEIPT (NO. EL447617794IN) OF
EXT. P6 SHOWING THE DISPATCH TO THE 1ST RESPONDENT ON 17-
04-2024 ISSUED BY THE SPEED POST, POSTAL DEPARTMENT,
GOVERNMENT OF INDIA
