Jacob Cherian vs The District Collector
2024 Latest Caselaw 16229 Ker

Kerala High Court

Jacob Cherian vs The District Collector on 10 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 30549 OF 2016           1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
                          WP(C) NO. 30549 OF 2016
PETITIONER/S:

               JACOB CHERIAN
               AGED 83 YEARS
               AGED 83, S/O.C.C.CHACKO,SANKARAMANGALAM, PARAVUR ROAD,
               U.C.COLLEGE P.O.,ALUVA - 683 102.

               BY ADVS.
               SRI.DINESH R.SHENOY
               SRI.EBIN MATHEW
               SMT.K.K.JYOTHILAKSHMY
               SRI.A.JOSEPH GEORGE



RESPONDENT/S:

       1       THE DISTRICT COLLECTOR
               ERNAKULAM, CIVIL STATION, COCHIN-682 030.

       2       VILLAGE OFFICER
               ALUVA WEST VILLAGE, ALUVA.

       3       AGRICULTURAL OFFICER
               OFFICE OF THE AGRICULTURAL OFFICER, ALUVA.


OTHER PRESENT:

               SRI.RIYAL DEVASSY, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30549 OF 2016             2




                        P.V.KUNHIKRISHNAN, J
                      --------------------------------------
                       W.P.(C.) No. 30549 of 2016
                      --------------------------------------
                  Dated this the 10th day of June, 2024



                                JUDGMENT

When this writ petition came up for consideration on

24.05.2024, this Court passed the following order :

"It is submitted that the petitioner is no more and the legal heirs want to come on record.

Post on 10.06.2024."

2. Even now, the legal heirs have not come on record.

This writ petition need not be retained here. If the legal heirs

have got any right to pursue, the same is left open.

With the above observation, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 30549/2016

PETITIONER EXHIBITS

EXHIBIT-P1: TRUE PHOTOCOPY OF LETTER OF ADMINISTRATION NO.9/1995 DATED 22.06.1995 ADDITIONAL DISTRICT JUDGE, NORTH PARAVUR.

EXHIBIT-P2: TRUE PHOTOCOPY OF APPLICATION DATED 22.08.2012 SUBMITTED BY THE PETITIONER.

EXHIBIT-P3: TRUE PHOTOCOPY OF REPORT DATED 01.09.2012 SUBMITTED BY THE 2ND RESPONDENT, TOGETHER WITH ANNEXURES.

EXHIBIT-P4: TRUE PHOTOCOPY OF TAX RECEIPT DATED 9.8.2011.

EXHIBIT-P5: TRUE PHOTOCOPY OF BASIC TAX RECEIPT DATED 09.08.2011.

EXHIBIT-P6: TRUE PHOTOCOPY OF LETTER DATED 25.10.2012 ISSUED BY REVENUE DIVISIONAL OFFICER TO THE TAHSILDAR, ALUVA.

EXHIBIT-P7: TRUE PHOTOCOPY OF REPORT DATED 09.11.2012 SUBMITTED BY THE TAHSILDAR, ALUVA TO THE REVENUE DIVISIONAL OFFICER, FORTKOCHI.

EXHIBIT-P8: TRUE PHOTOCOPY OF THE JUDGMENT DATED 13.07.2012 IN WP(C) 11784/2012, HIGH COURT OF KERALA.

EXHIBIT-P9: TRUE PHOTOCOPY OF LETTER DATED 03.01.2013 (WRONGLY SHOWN AS 03.01.2012) ISSUED BY THE REVENUE DIVISIONAL OFFICER, FORTKOCHI.

EXHIBIT-P10: TRUE PHOTOCOPY OF THE JUDGMENT DATED 03/1/2013 IN WP(C) NO.1449/2013.

EXHIBIT-P11: TRUE PHOTOCOPY OF THE ORDER NO.K-1786/13/K-

DIS DATED 15/5/2013 ISSUED BY THE REVENUE DIVISIONAL OFFICER, FORTKOCHI.

EXHIBIT-P12: PHOTOGRAPHS OF THE PETITIONER'S PROPERTY SHOWING THE COCONUT TREES AND OTHER TREES, THE PLANTAINS AND TAPIOCA.

EXHIBIT-P13: TRUE PHOTOCOPY OF JUDGMENT DATED 4.6.2016 IN W.P.(C) 25826/2013 HIGH COURT OF KERALA.

EXHIBIT-P14: TRUE PHOTOCOPY OF ORDER NO.L15-52568/16 DATED 20.7.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P15: PHOTOGRAPHS OF THE RESIDENTIAL BUILDING OF THE PETITIONER IN THE SUBJECT PROPERTY AND THE PROPERTY LYING BEHIND THE RESIDENTIAL HOUSE.

EXHIBIT-P16: TRUE PHOTOCOPY OF EXTRACT OF FAIR VALUE REGISTER IN SY.NO.6/32 OF ALUVA WEST VILLAGE, PUBLISHED IN THE WEB SITE OF THE DEPARTMENT OF REGISTRATION, GOVERNMENT OF KERALA.