Kerala High Court
Ramkumar Giri vs State Of Kerala on 5 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
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12819 OF 2017
PETITIONER:
RAMKUMAR GIRI
AGED 54 YEARS, S/O.LATE VELLIANGIRI, RESIDING AT 15,
SASTHRI ROAD, RAMNAGAR, COIMBATORE 641009.
BY ADVS.
SMT.S.SINDHU
SRI.S.SHARAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY TO GOVT,REVENUE DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KUVILIMALA PAINAV PO, IDUKKI, PIN 685
603.
3 THE TAHSILDAR
PEERMADE, IDUKKI DISTRICT 685 531.
4 THE VILLAGE OFFICER
ELAPPARA, IDUKKI DISTRICT 685 510.
5 THE VILLAGE OFFICER
MANJUMALA, IDUKKI DISTRICT 685 533.
6 VILLAGE OFFICER
PERIYAR, IDUKKI DISTRICT 685 533.
7 VILLAGE OFFICER
PEERMADE, IDUKKI DISTRICT 685 531.
8 BETHEL PLANTATIONS
GLENMARY ESTATE, PEERMADE PO, IDUKKI DISTRICT, REP. BY
THOMAS MATHEW, MANAGING DIRECTOR 685 531.
BY ADVS.
SMT.AYSHA ABRAHAM
SRI.P.M.BENZIR
SRI.JAICE JACOB
SRI.G.G.MANOJ
SRI.S.SARATH PRASAD
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.12819 of 2017
2
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.12819 of 2017
---------------------------
Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"a) call for the records connected with the case;
b) direct respondents 1, 2 and 3 to conduct an enquiry
with regard to the exact number of alienations that has
taken place with regard to the Tea Plantations owned by
Ram Behadur Takur Pvt. Ltd. and report the correct
particulars before this Hon'ble Court.
c) declare that not maintaining the official records in the
Village Offices is Respondents 4, 5, 6 & 7 in accordance
with law is wrongful and illegal.
d) direct respondents 1, 2 & 3 to take appropriate action
against the respondents 4, 5, 6 & 7 for not keeping the
Village records in accordance with law.
e) Direct the 2nd respondent to dispose of Ext. P25
representation after conducting local enquiry and
inspection in accordance with law.
f) pass such other orders as are deemed just, fair and
necessary in the circumstances of the case." [SIC]
2. When this writ petition came up for consideration, the
learned counsel for the petitioner submitted that the petitioner
will be satisfied if a direction is issued to the District Collector to
consider Ext.25 within a time frame.
3. Heard the learned Government Pleader and the
learned counsel appearing for the respondent no.8.
4. I do not want to make any observations about the
merit. If Ext.P25 is pending as on today, there can be a direction
to the 2nd respondent to consider the same and pass appropriate
orders in it, after giving an opportunity of hearing to the
petitioner and the 8th respondent.
Therefore, this writ petition is disposed of with the
following directions:-
a) The 2nd respondent is directed to consider and
pass appropriate orders in Ext.P25, if the same is
pending as on today, after giving an opportunity of
hearing to the petitioner and the 8th respondent, as
expeditiously as possible, at any rate, within five
months from the date of receipt of a certified copy
of this judgment.
b) The petitioner will produce a certified copy of
this judgment along with a copy of the writ petition
with exhibits before the 2nd respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 12819/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 11.11.196
PASSED BY COMPANY LAW BOARD, NEW DELHI
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 31.7.1008
IN CP NO. 6/2006 PASSED BY PATNA HIGH
COURT
EXHIBIT P3 A TRUE COPY OF THE PROHIBITORY ORDER DATED
21.7.2006 ISSUED BY PROVIDENT FUND
DEPARTMENT
EXHIBIT P4 A TRUE COPY OF THE AFFIDAVIT IN EP NO.
24/2005 IN OS 26/2004 FILED BY RAM BEHADUR
TAKUR PVT. LTD BEFORE THS UB COURT,
KATTAPPANA
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 20.8.2007
IN EP 24/2005 IN OS 26/2004 OF THIS UB
COURT, KATTAPPANA
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 20.8.2007
IN EA NO. 83/2005 IN EP NO. 24/2005 OF THE
SUB COURT, KATTAPPANA
EXHIBIT P7 A TRUE COPY OF THE RELEVANT EXTRACT PAGES
OF THE THANDAPER REGISTER MAINTAINED BY
THE VILLAGE OFFICER, PERIYAR
EXHIBIT P8 A TRUE COPY OF THE RELEVANT EXTRACT PAGES
OF THE THANDAPER REGISTER MAINTAINED BY
THE VILLAGE OFFICER, PEERMADE
EXHIBIT P9 A TRUE COPY OF THE INFORMATION OBTAINED ON
21.7.2016 ISSUED BY EMPLOYEES PROVIDENT
FUND COMMISSIONER TO ADV. K.
CHANDRANCHOODAN
EXHIBIT P10 A TRUE COPY OF THE INFORMATION OBTAINED ON
29.6.2016 ISSUED BY PLANTATION
INSPECTORATE, PEERMADE TO THE PETITIONER
EXHIBIT P11 A TRUE COPY OF THE REPLY DATED 22.8.2016
ISSUED BY VANDIPERIYAR GRAMA PANCHAYAT
EXHIBIT P12 A TRUE COPY OF THE REPLY DATED 17.8.2016
ISSUED BY UNDER SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, TO ADV.S.SHARAN
EXHIBIT P12A A TRUE COPY OF THE REPLY DATED 17.8.2016
ISSUED BY UNDER SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT TO ADV.K.CHANDRACHOODAN
EXHIBIT P13 A TRUE COPY OF THE COMMUNICATION DATED
31.8.2016 ISSUED BY JUNIOR SUPERINTENDENT
SECTION, COLLECTORATE TO ADV.S.SHARAN
EXHIBIT P14 A TRUE COPY OF THE REPLY NO. B3-6174/16
DATED 6.8.2016 ISSUED BY TAHSILDAR, TALUK
OFFICE, PEERMADE IN TURN HAS FORWARDED IN
THE APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.S.SHARAN
EXHIBIT P15 A TRUE COPY OF THE REPLY DATED 13.7.2016
ISSUED BY TAHSILDAR, TALUK OFFICE,
PEERMADE IN TURN HAS FORWARDED IN THE
APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.A.D.SHAJAN
EXHIBIT P16 A TRUE COPY OF THE REPLY DATED 6.8.2016
ISSUED BY TAHSILDAR, TALUK OFFICE,
PEERMADE IN TURN HAS FORWARDED IN THE
APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.SINDHU SANTHALINGAM
EXHIBIT P17 A TRUE COPY OF THE REPLY DATED 6.8.2016
ISSUED BY TAHSILDAR, TALUK OFFICE,
PEERMADE IN TURN HAS FORWARDED IN THE
APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.A.D.SHAJAN
EXHIBIT P18 A TRUE COPY OF THE REPLY NO.B3-6334/16
DATED 6.8.2016 ISSUED BY TAHSILDAR, TALUK
OFFICE, PEERMADE IN TURN HAS FORWARDED IN
THE APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.K.CHANDRACHOODAN
EXHIBIT P19 A TRUE COPY OF THE REPLY NO.B3-6334/16
DATED 6.8.2016 ISSUED BY TAHSILDAR, TALUK
OFFICE, PEERMADE IN TURN HAS FORWARDED IN
THE APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.K.CHANDRACHOODAN
EXHIBIT P20 A TRUE COPY OF THE REPLY NO.C1-7806/16
DATED 30.9.2016 ISSUED BY TAHSILDAR, TALUK
OFFICE, PEERMADE HAS FORWARDED THE
APPLICATION TO THE VILLAGE OFFICES IN
ELAPPARA, PEERMADE, PERIYAR AND MUNJUMALA
TO ADV.S.SHARAN
EXHIBIT P21 A TRUE COPY OF THE APPELLATE ORDER NO. B1-
7704/2016 DATED 14.10.2016 ISSUED BY
APPELLATE AUTHORITY & ADDL. THASILDAR,
PEERMADE
EXHIBIT P22 A TRUE COPY OF THE APPELLATE ORDER NO.A3-
1338/2016 DATED 19.10.2016 ISSUED BY
APPELLATE AUTHORITY & DISTRICT REGISTRAR,
IDUKKI
EXHIBIT P23 A TRUE COPY OF THE APPELLATE ORDER NO. B1-
8167/2016 DATED 26.10.2016 ISSUED BY
APPELLATE AUTHORITY & ADDL.TAHSILDAR,
PEERMADE
EXHIBIT P24 A TRUE COPY OF THE APPELLATE ORDER NO. C1-
7972/2016 DATED 14.11.2016 ISSUED BY
APPELLATE AUTHORITY & ADDL.THASILDAR,
PEERMADE
EXHIBIT P25 A TRUE COPY OF THE REPRESENTATION DATED
5.4.2017 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT
