Kerala High Court
C. Manoharan vs State Of Kerala on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5984 OF 2024
PETITIONER:
C. MANOHARAN,
AGED 56 YEARS
S/O.KANNAN, CHANDRAMBETH, KALLIAD.P.O,
KANNUR DISTRICT, PIN - 670593
BY ADVS.
CIBI THOMAS
AISHWARYA SHIVAKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REP. BY ITS SECRETARY, DEPARTMENT OF LAND REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE LAND REVENUE COMMISSIONER,
OFFICE OF THE LAND REVENUE COMMISSIONER,
REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM
JUNCTION, VIKHAS BHAVAN.P.O, THIRUVANANTHAPURAM,
PIN - 695033
3 THE DISTRICT COLLECTOR KANNUR,
CIVIL STATION KANNUR, KANNUR DISTRICT, PIN - 670002
4 THE THAHSILDAR,
IRITTY TALUK, IRIRRY.P.O, KANNUR DISTRICT,
PIN - 670703
5 THE VILLAGE OFFICER,
KALLIAD VILLAGE, KALLIAD.P.O, KANNUR DISTRICT,
PIN - 670593
SRI.SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5984 OF 2024 2
JUDGMENT
Even though the petitioner impugns Ext.P11 order issued by the 3 rd
respondent - District Collector, he concedes that he has preferred Ext.P12
statutory Appeal against it before the 2nd respondent. He thus alternatively
prays that the 2nd respondent be directed to take up Ext.P12 Appeal and
dispose it of in terms of law within a time frame to be fixed by this Court.
2. Sri.Sunil Kumar Kuriakose - learned Government Pleader in
response to the afore submissions of Sri.Cibi Thomas - learned counsel for
the petitioner, submitted that, there is no legal impediment in Ext.P12
being taken up and disposed of by the 2nd respondent; but prayed that this
Court may not make any affirmative declarations on the entitlement of the
petitioner to any relief and leave it to be decided by the competent
Authority, in terms of law.
In the afore circumstances, I allow this writ petition and direct the
2nd respondent to take up Ext.P12 Appeal of the petitioner and dispose of
the same, after affording him an opportunity of being heard; thus
culminating in an appropriate order and necessary action thereon, as
expeditiously as is possible, but not later than two months from the date of
receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/16.2
APPENDIX OF WP(C) 5984/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED JANMAM
ASSIGNMENT DEED NO. 995 DATED 02.05.2005 OF
SRO IRIKKUR
Exhibit P2 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED
NO. 365 DATED 02.04.1973 OF SRO IRIKKUR
Exhibit P3 TRUE COPY OF THE ORDER DATED 21.02.1976 IN
Exhibit P4 TRUE COPY OF THE PURCHASE CERTIFICATE NO
1459 OF 76 DATED 21.02.1976 OF LAND
TRIBUNAL IRIKKUR
Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO. 24257/2011
DATED 10.08.2012 ISSUED BY THE ADDITIONAL
TAHSILDAR, THALIPARAMBA
Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED
25.06.2014
Exhibit P7 TRUE COPY OF THE TAX RECEIPT DATED
06.07.2015
Exhibit P8 TRUE COPY OF THE TAX RECEIPT DATED
04.05.2016
Exhibit P9 TRUE COPY OF THE PROCEEDINGS NO. DCKNR/
644/2017-L4 DATED 05.03.2020 OF THE
DISTRICT COLLECTOR, KANNUR
Exhibit P10 TRUE COPY OF THE ORDER NO. LR 3229/2022 -
LR(A4) DATED 18.07.2022 OF THE LAND REVENUE
COMMISSION
Exhibit P11 TRUE COPY OF THE ORDER DATED 07.06.2023
ISSUED BY THE DISTRICT COLLECTOR, KANNUR IN
PROCEEDINGS NO. NO. DCKNR/11925/2019-L4 (4)
Exhibit P12 TRUE COPY OF THE APPEAL PETITION DATED
23.09.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
