Kerala High Court
Biju K.Joseph vs The District Collector on 4 January, 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 JANUARY 2024 / 14TH POUSHA, 1945
WP(C) NO. 39547 OF 2015
PETITIONER:
BIJU K.JOSEPH, AGED 39 YEARS
S/O.OUSEPH, KUTTUR HOUSE, NEENDOOR.P.O.,
ONAMTHURUTHU VILLAGE, KOTTAYAM DISTRICT.
BY ADVS.
SRI.K.SHAJ
SRI.SAJJU.S
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM DISTRICT, KOTTAYAM-686001
2 THE REVENUE DIVISIONAL OFFICER
KOTTAYAM, KOTTAYAM TALUK, KOTTAYAM DISTRICT.
3 THE VILLAGE OFFICER, ONAMTHURUTHU, KOTTAYAM TALUK
KOTTAYAM DISTRICT-686003
OTHER PRESENT:
SRI RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).39547/2015
2
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.39547 of 2015
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Dated this the 4th day of January, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
a) To call for the records leading to Ext.P7 order
and quash the same or in the alternative to direct the
first respondent to hear the proceedings afresh by
giving an opportunity to the petitioner and pass fresh
orders as per law;
b) To stay all proceedings pursuant to Ext.P7
order;
c) Such other reliefs as this Hon'ble Court deems
fit and proper in the facts and circumstances of the
case.
[SIC]
2. When this Writ Petition came up for consideration, this
Court passed an order on 23.12.2015, which is extracted hereunder:
'Government Pleader takes notice.
There shall be an order of statusquo for three
weeks.
W.P(C).39547/2015
Government Pleader is directed to get
instructions whether data bank has been finally
notified and find out the status of the petitioner's land
in the data bank.'
3. The above order is extended until further orders on
03.06.2016. Today, when the matter taken up for consideration, the
Government Pleader submitted that the petitioner has got remedy
against Ext.P7 before the additional 4 th respondent by way of filing
revision. The learned counsel for the petitioner submitted that a
connected Writ Petition is pending before this Court as
W.P(C).No.35101/2023. Since Ext.P7 can be challenged before the
additional 4th respondent, I am of the considered opinion that, this
Writ Petition need not be retained here.
Therefore, this Writ Petition is disposed of with the following
directions:
a) The petitioner is free to challenge Ext.P7
before the additional 4th respondent by filing
appropriate proceedings within one month from
today. If such a revision is filed, the additional 4 th
respondent shall consider the same and pass
appropriate orders in accordance to law, after giving
an opportunity of hearing to the petitioner.
W.P(C).39547/2015
b) The interim order dated 23.12.2015 will
continue till final orders are passed, if the revision is
filed as directed above.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).39547/2015
APPENDIX OF WP(C) 39547/2015
PETITIONER EXHIBITS
EXHIBIT P1- THE TRUE COPY OF THE AWARD CERTIFICATE
DATED 22-05-2009 ISSUED BY THE ANIMAL HUSBANDARY
DEPARTMENT, GOVERNMENT OF KERALA.
EXHIBIT P2- THE TRUE COPY OF SALE DEED NO.4058/2012
OF ETTUMANNOOR SRO.
EXHIBIT P3- THE TRUE COPY OF LAND TAX RECEIPT ISSUED
BY THE VILLAGE OFFICER, ONAMTHURUTHU VILLAGE TO THE
PETITIONER FOR THE FINANCIAL YEAR 2014-2015.
EXHIBIT P4- THE TRUE COPY OF THE STOP MEMO DATED 18-
03-2010 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.
EXHIBIT P5- THE TRUE COPY OF EXTRACT OF THE OLD BASIC
TAX REGISTER PERTAINING TO THE PROPERTY IN RE-SURVEY
NO.218/22 (OLD SURVEY NO.52/1A & IB) OF ONAMTHURUTHU
VILLAGE.
EXHIBIT P6- THE TRUE COPY OF KERALA GAZETTE
NOTIFICATION NO.515(7) IN VOLUME 35 DATED 06-03-2010
EXHIBIT P7- THE TRUE COPY OF THE OF THE ORDER DATED
29-10-2015 ISSUED BY THE FIRST RESPONDENT TO THE
PETITIONER.
