Kerala High Court
K.M.Muneer vs The Revenue Divisional Officer on 3 April, 2024
WP(C) No.7076/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
IA.NO.2/2024 IN WP(C) NO. 7076 OF 2024 (H)
APPLICANT/PETITIONER:
K.M.MUNEER, AGED 51 YEARS, S/O. MUHAMMAD, RESIDING AT KALLUNGAL
HOUSE, THAIKKATTUKARA.P.O., ALWAYE, ERNAKULAM, PIN - 683 106.
RESPONDENTS/RESPONDENTS:
1. THE REVENUE DIVISIONAL OFFICER PALAKKAD, OFFICE OF THE RDO, VIDYUT
NAGAR, PALAKKAD, KERALA, PIN - 678 001.
2. THE TAHASILDAR(LR), ALATHUR TALUK, TALUK OFFICE, PALAKKAD, PIN - 678
541.
3. THE VILLAGE OFFICER PUTHUCODE, PALAKAD, PIN - 678 687.
4. K.M.SUDHEER, AGED 49 YEARS, S/O. MUHAMMED, RESIDING AT CHATHANATTU
HOUSE, VENGOLLA, PERUMBAVOOR, ERNAKULAM, PIN - 683 556.
5. THE DISTRICT COLLECTOR, PALAKKAD, QM65+C3P, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD-678 013.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the judgment
dated 01.03.2024 in WP(C) No. 7076/2024 for a direction to the additional
5th respondent to take up Exhibit- P11 and P12 and dispose of the same
within an outer limit of three months from the date of receipt of a copy
of this Judgment after affording an opportunity of being heard to the
petitioner as well as the 4th respondent, till the final disposal of
Exhibit- P11 and P12 by the District Collector, Palakkad, the Exhibit- P10
order passed by the 1st respondent may be kept abeyance and modify the
Judgment dated 01.03.2024 accordingly.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 01/03/2024 upon hearing the arguments of M/S S.SREEKUMAR (KOLLAM),
K.C.BALAGOPAL (ALWAYE), K.VIJAYAN, NAMITHA RAJESH, Advocates for
the Applicant in IA/ petitioner in WP(C) and of GOVERNMENT PLEADER for the
respondents 1 to 3 and 5 in IA/WP(C), the court passed the following:
WP(C) No.7076/2024 2/4
VIJU ABRAHAM,J
----------------------
IA No.2 of 2024
in
W.P.(C).No.7076 of 2024
-------------------------------
Dated this the 3rd day of April, 2024
ORDER
The present application has been filed mainly
for the reason of issuance of Annexure-A notice in
furtherance of Ext.P10 order. Petitioner submits
that he has already preferred a statutory revision
challenging Ext.P10, which was directed to be
disposed of by this Court as per judgment dated
01.03.2024 and in the meanwhile further
proceedings are permitted pursuant to Annexure-A
order, petitioner will be seriously prejudiced.
2. Heard the learned Government Pleader also.
3. After hearing both sides, I am of the view
that since the revision is pending consideration
which was directed to be disposed of by this
Court. If further proceedings are initiated
pursuant to Annexure-A, the petitioner will be
seriously prejudiced and the statutory revision
petition will be rendered without any purpose.
in
Therefore, there will be a further direction
that all further proceedings pursuant to Ext.P10
including Annexure-A notice shall be kept in
abeyance till a decision is taken in the revision
petition as directed above in the judgment dated
01.03.2024.
sd/-
VIJU ABRAHAM,
JUDGE
pm
03-04-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 7076/2024
Exhibit P10 THE TRUE COPY OF THE ORDER DATED 04.02.2024 ISSUED BY
THE 1ST RESPONDENT
Exhibit P11 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE
THE DISTRICT COLLECTOR, PALAKKAD
Exhibit P12 TRUE COPY OF THE STAY PETITION IN APPEAL FILED BY THE
PETITIONER BEFORE THE DISTRICT COLLECTOR, PALAKKAD
03-04-2024 /True Copy/ Assistant Registrar
