Kerala High Court
Sunni P vs State Of Kerala on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 33734 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 33734 OF 2015
PETITIONER/S:
SUNNI P
AGED 43 YEARS
S/O.MOHANAN, RESIDING AT PASHNATH HOUSE, V.K.K.MENON
ROAD, KOZHIKODE-673 580.
BY ADV SRI.E.NARAYANAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR WAYANAD.
COLLECTORATE, WAYANAD, PIN-673 121.
3 THE REGISTRAR GENERAL
OFFICE OF THE REGISTRAR (GENERAL), WAYANAD,KALPETTA-
673 121.
4 THE DEPUTY TAHSILDAR REVENUE RECOVERY
CIVIL STATION, KOZHIKODE, PIN-673 020.
BY ADVS.
GOVERNMENT PLEADER
OTHER PRESENT:
SRI BS SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33734 OF 2015 2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 33734 of 2015
--------------------------------------
Dated this the 6th day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. To set aside Exts.P7, P8, P9 and P11 by a writ of certiorari.
ii. To set aside Ext.P4 and P5 by issuing a writ of certiorari/
iii. Issue a declaration declaring that Exts.P7, P8, P9 and P11
are illegal and unsustainable.
iv. Issue a declaration declaring that Exts.P7, P8, P9 and P11
are passed without hearing the petitioner and
v. To grant such other reliefs as this Hon'ble Court may deem
just and fit in the circumstances of the case." [sic]
2. The main prayer in this writ petition is against Exts.P7
to P11. The statement is filed by the 3rd respondent in which
Ext.R3(a), R3(b) and R3(c) is produced. According to the
petitioner, these orders were not furnished to the petitioner and
hence, the petitioner was not able to challenge the same before
the appropriate appellate court. Since, this writ petition is
pending before this Court from 2015 onwards, I am of the
considered opinion that the petitioners can be allowed to
challenge the orders before the appropriate court in accordance
with law. If such proceedings are filed, the time during which
this writ petition is pending before this Court will be excluded
while calculating the question of limitation. Therefore, this writ
petition is disposed of granting liberty to the petitioner to
challenge Ext.R3(a) & R3(b) in accordance with law. To
facilitate the petitioner to approach the competent court in
accordance with law, the revenue recovery proceedings initiated
against the petitioner shall be kept in abeyance for a period of
30 days.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 33734/2015
PETITIONER EXHIBITS
P1 : THE TRUE COPY OF DOCUMENT NO.1443/2010
DT 18-6-2015 OF SRO, VYTHIRI.
P2 : TRUE COPY OF DOCUMENT NO.298/2011 OF
SRO, VYTHIRI DT 23-2-2011
P3 : TRUE COPY OF DOCUMENT NO.299/2011 OF
SRO, VYTHIRI DT 1-3-2011.
P4 : TRUE COPY INTEIRM ORDER DT 25-4-2012
PASSED BY THE DISTRICT REGISTRAR, KALPETTA
IN PROCEEDING NO.M2VY/10/11 PASSED BY THE
DISTRICT REGISTRAR, KALPETTA.
P5 : TRUE COPY INTERIM ORDER DT 25-4-2012
PASSED BY THE DISTRICT REGISTRAR, KALPETTA
IN PROCEEDING NO.M2VY/11/11 PASSED BY THE
DISTRICT REGISTRAR, KALPETTA.
P6 : REPRESENTATION DT 12-6-2012 SUBMITTED
BY THE PETITIONER BEFORE THE DISTRICT
REGISTRAR (GENERAL)
P7 : TRUE COPY OF FORM I NOTICE DT 24-1-
2015 AS PER COLLECTORATE FILE
NO.2014/62673/11
P8 : TRUE COPY OF FORM I NOTICE DT 24-1-
2015 AS PER COLLECTORATE FILE
NO.2014/62677/11
P9: TRUE COPY OF FORM I NOTICE DT 24-1-2015
AS PER COLLECTORATE FILE NO.2014/62674/11
P10 : TRUE COPY OF THE REPRESENTATION DT
30-9-2015 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT COLLECTOR.
P11 : TRUE COPY OF THE ORDER DT 13-10-2015
DELIVERED BY THE DISTRICT REGISTRAR
(GENERAL)
