Kerala High Court
Sasi.K.K vs Village Officer, Kaduthuruthy on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 11953 OF 2022
PETITIONER:
SASI.K.K,AGED 60 YEARS,S/O.(LATE) KUTTY, KANJIRAKUZHUPPIL
PALAKKARA, KADUTHURUTHY P.O., KOTTAYAM DISTRICT 686 604.
BY ADVS.
NARENDRA KUMAR M
B.RAJESH (KOTTAYAM)(K/1209/1999)
HARSHADEV M.(K/1106/2013)
RESPONDENTS:
1 VILLAGE OFFICER, KADUTHURUTHY,KOTTAYAM 686 604.
2 THE TAHSILDAR (LAND RECORDS),TALUK OFFICE, VAIKOM P.O.,
KOTTAYAM DISTRICT 686 141.
3 TALUK SURVAYOUR, TALUK OFFICE VAIKOM P.O., KOTTAYAM 686 141.
4 RREVENUE DIVISIONAL OFFICER, PALA P.O., KOTTAYAM DISTRICT 686
574.
5 DISTRICT SURVEY SUPERINTENDEND,COLLECTORATE, KOTTAYAM 686 002.
6 THE ASSISTANT ENGINEER,PUBLIC WORKS DEPARTMENT, OFFICE OF THE
ASST ENGINEER PWD ROAD DIVISION, KADUTHURUTHY, KOTTAYAM 686
604.
7 JOSEPH MURIKKAN, S/O. THOMAS, MURIKKAN HOUSE, KURAVILANGADU,
KARA, NAZARETH HILL P.O., KOTTAYAM 686 633.
8 ADDL.R8 THE DISTRICT COLLECTOR,KOTTAYAM [ADDL.R8 IS SUO MOTU
IMPLEADED AS PER ORDER DATED 28.06.2024 IN WP(C) 11953/2022]
OTHER PRESENT:
GP-DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.11953 of 2022 2
VIJU ABRAHAM,J
-------------------
W.P.(C).No.11953 of 2022
---------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
Petitioner has approached this Court seeking
to quash Ext.P7 proceedings issued by the
Tahsildar (LR), the 2nd respondent herein.
2. The learned Government Pleader upon
instructions submitted that if the petitioner is
aggrieved by Ext.P7 there is an alternate remedy
under Section 13A of the Kerala Survey and
Boundaries Act, 1961 to file a revision before the
District Collector concerned.
3. Petitioner submits that appropriate revision
petition will be filed without much delay.
4. Based on the said submission, the above writ
petition is disposed of as follows:
Petitioner shall file a revision petition
before the additional 8th District Collector
concerned challenging Ext.P7 within a period of 2
weeks from the date of receipt of a copy of the
judgment. If a revision petition is filed as
undertaken above, the additional 8th respondent,
the District Collector, Kottayam shall finalize
the proceedings thereon, within an outer limit of
2 months with notice to the petitioner and any
other affected parties. Till a decision is taken
as directed above, all further proceedings
pursuant to Ext.P9 shall be kept in abeyance.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 11953/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE
NUMBERED 145/2011 IN OA NO. 71/95 DATED
20.04.2011.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT FOR
THE YEAR 2018-19.
Exhibit P3 TRUE COPY OF NON- OBJECTION CERTIFICATE
ISSUED BY THE SECRETARY, KADUTHURUTHY
GRAMA PANCHAYATH.
Exhibit P4 A TRUE COPY OF JUDGMENT DATED
15/09/2021 IN WPC NO. 26088/2020.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
FILED BY PETITIONER.
Exhibit P6 TRUE COPY OF THE ARGUMENT NOTE DATED
Exhibit P7 TRUE COPY OF THE ORDER WHICH IS
NUMBERED AS C9-7190/2021 DATED
08.12.2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN AS NO.
36/2017 OF THE HONBLE ADDL. DISTRICT
COURT -V KOTTAYAM.
Exhibit P9 TRUE COPY OF THE NOTICE DATED
20/11/2020 ISSUED BY THE 6TH
RESPONDENT.
Exhibit P10 TRUE COPY OF THE NOTICE DATED 1/4/2022
ISSUED BY THE 6TH RESPONDENT.
