Mohandas vs Village Officer
2024 Latest Caselaw 9564 Ker

Kerala High Court

Mohandas vs Village Officer on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WP(C) NO. 3986 OF 2014
PETITIONER:

            MOHANDAS
            S/O.DAMODARAN, MAMBUZHI HOUSE, KOONATHARA,
            PALAKKAD
            BY ADV. SRI.I.DINESH MENON

RESPONDENT:

            VILLAGE OFFICER
            VANIYAMKULAM I VILLAGE, VANIYAMKULAM - 679 522
            BY ADVS.
            SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   04.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.3986 of 2014

                               2




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 3986 of 2014
    ------------------------------------------------------
          Dated this the 04th day of April, 2024.


                          JUDGMENT

This writ petition is filed by the petitioner

seeking the following reliefs:

"i. issue a writ of mandamus or such other writs, order or direction, directing the respondent Village Officer, Vaniyamkulam I Village to accept land tax and issue possession certificate in respect of the 39 cents of property owned by the petitioner in Survey No.102/1 of Vaniyamkulam I Village, notwithstanding the fact that the revenue recovery proceedings is against the property in Survey No. 165/2, without any further delay;

ii. to grant such other relief's as this Honorable Court may deem fit and proper."[SIC]

2. When this Writ petition came up for

consideration on 14.02.2014, this Court passed the

following order:

"Admit. Issue urgent notice returnable in ten days to the respondent.

There will be an interim order staying the revenue sale of the property belonging to the petitioner situate in Sy.Nos.165/2 and 102/1 of Vaniyamkulam I Village for a period of one month.

Post after three weeks."

3. The above interim order was extended on

13.03.2014 for a period of three months and

thereafter the interim order was not extended.

Subsequently, when the matter came up for

consideration on 07.03.2024, this Court passed the

following order:

"It is submitted that the counsel appearing for the petitioner is no more.

The Registry will issue notice with acknowledgement card due to the petitioner.

Post on 1/4/2024."

A notice was sent to the petitioner. Even now,

there is no appearance. Probably the prayers in this

Writ petition might have been infructuous. Therefore

this Writ petition need not be retained here.

Accordingly, this Writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 3986/2014

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DOCUMENT AS RELATING TO THE

EXHIBIT P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 11- 10-2013 EXHIBIT P3 TRUE COPY OF THE RECOVERY NOTICE DATED 30-10-2013 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO 1859/2013 DATED 6-2-2013 EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 28-1-2013 RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE