Kerala High Court
Mathukkutty vs Revenue Divisional Officer - Devikulam on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 28353 OF 2013 1
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. 28353 OF 2013
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.95 OF 2012 OF MUNSIFF
COURT,KATTAPPANA
PETITIONER/S:
MATHUKKUTTY
S/O. ANTONY, KUNNUMPURATHU HOUSE, ANAKKARA, KUMALI,
UDUMBANCHOLA, IDUKKI DISTRICT.
BY ADV SRI.LIJI.J.VADAKEDOM
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER - DEVIKULAM
OFFICE OF THE REVENUE DIVISIONAL OFFICER, DEVIKULAM
P.O., IDUKKI DISTRICT-685 613.
2 TAHSILDAR - UDUMBANCHOLA
TALUK OFFICE, UDUMBANCHOLA P.O., IDUKKI DISTRICT-685
554.
3 VILLAGE OFFICER
ANAKKARA VILLAGE, ANAKKARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT-685 512.
4 KURIAN
S/O. ANTONY, KUNNUMPURATHU HOUSE, ANAKKARA, KUMALI,
UDUMBANCHOLA, IDUKKI DISTRICT-685 512.
5 CHACKO JOHN
THARAKKUNNEL HOUSE, PARATHODE P.O., KOTTAYAM DISTRICT-
WP(C) NO. 28353 OF 2013 2
686 512.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.JAJU BABU (SR.)
SRI.D.KISHORE
SRI.K.JAJU BABU SR.
SMT.M.U.VIJAYALAKSHMI
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28353 OF 2013 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 28353 of 2013
--------------------------------------
Dated this the 4th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
a. "Issue a writ of certiorari, or any other appropriate Writ or
Order or direction, to call for the records leading to the passing
of Exhibit P11 and to quash the same.
b. Issue a writ of mandamus or any other appropriate Writ,
order of direction directing 1st respondent to consider and
dispose of Exhibit P6 within a stipulated time limit with notice to
the petitioner and to all the concerned.
c. grant such other reliefs which this Honourable Court may
deem fit and proper in the interest of justice."[sic]
2. The impugned order is Ext.P11. In Ext.P11, it is only
stated that the application for cancellation of assignment can be
considered only after disposal of OS No. 95/2012 pending before
the Munsiff Court, Kattappana. Ext.P11 is an order passed on
26.07.2013. Probably, the suit itself might have been disposed of.
If that is the case, the petitioner can approach the Revenue
Divisional Officer with appropriate representation regarding the
present stage of the suit. If such a representation is received, the
Revenue Divisional Officer will do the needful in accordance with
law with notice to all the affected parties.
With the above observation, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 28353/2013
PETITIONER EXHIBITS
P1 : COPY OF THE SALE DEED NO.4146/95 OF THE
SRO, KATTAPPANA, OBTAINED UNDER THE RIGHT TO
INFORMATION ACT.
P2 : COPY OF THE PLAINT IN OS NO.95/2012
BEFORE THE MUNSIFF COURT, KATTAPPANA.
P3 : COPY OF THE ORDER DTD.13.4.2012 IN IA
NO.568/2012 IN OS NO.95/2012 BEFORE THE
MUNSIFF COURT, KATTAPPANA.
P4 : COPY OF THE APPLICATION AMENDMENT
DTD.13.6.2013.
P5 : COPY OF THE ADDITIONAL WRITTEN
STATEMENT.
P6 : COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE 1ST RESPONDENT FOR
CANCELLING THE PATTA ISSUED IN THE NAME OF
THE 5TH RESPONDENT.
P7 : COPY OF THE STATEMENT OF THE 5TH
RESPONDENT RECORDED BY THE 3RD RESPONDENT
VILLAGE OFFICER, ANAKKARA DTD.23.8.2012.
P8 : COPY OF THE REPORT DTD.13.12.2012
SUBMITTED BY THE 3RD RESPONDENT BEFORE THE
2ND RESPONDENT.
P9 : COPY OF THE INTIMATED ISSUED BY THE 2ND
RESPONDENT-TAHSILDAR TO THE PETITIONER.
P10: COPY OF THE REPORT DTD.24.6.2013
SUBMITTED BY THE 2ND RESPONDENT BEFORE THE
1ST RESPONDENT.
P11: COPY OF THE COMMUNICATION DTD.26.7.2013
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
