Varghese vs The State Of Kerala
2024 Latest Caselaw 19012 Ker

Kerala High Court

Varghese vs The State Of Kerala on 28 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 20800 OF 2016             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                          WP(C) NO. 20800 OF 2016
PETITIONER/S:

               VARGHESE
               AGED 63 YEARS
               AGED 63, S/O MATHEW, NARIKUZHIYIL HOUSE,
               VELLIYAMATTOM VILLAGE, IDUKKI DISTRICT.

              BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENT/S:

      1       THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
              REVENUE DEPARTMENT, GOVERNMENT
              SECRETARIAT,THIRUVANANTHAPURAM.-695001.

      2       THE DISTRICT COLLECTOR
              COLLECTORATE,IDUKKI-685001.

      3       THE TALUK TAHSILDAR
              TALUK OFFICE, THODUPUZHA, IDUKKI-685001.

      4       THE VILLAGE OFFICER
              VELLIYAMATTOM VILLAGE OFFICE, IDUKKI, DISTRICT-
              685001.

               BY ADVS.
               GOVERNMENT PLEADER
 WP(C) NO. 20800 OF 2016                  2



OTHER PRESENT:

              SRI.B.S.SYAMANTAK, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20800 OF 2016                     3




                      P.V.KUNHIKRISHNAN, J
                    --------------------------------------
                     W.P.(C.) No. 20800 of 2016
                    --------------------------------------
                Dated this the 28th day of June, 2024



                                      JUDGMENT

The above writ petition is filed with following prayers :

"i) call for the records leading to Ext P7 and may be pleased to issue a writ of certiorari to quash the same.

ii) Issue a writ an appropriate order or direction commanding the 3rd respondent to effect mutation of the property as covered by Ext P1 in the name of the petitioner and to accept the basic tax from the petitioner within stipulated time limits in the interest of justice.

iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." [sic

2. The petitioner is challenging Ext.P7 order. Ext.P7 is

an order which is appealable. If that is the case, I think this

writ petition need not be retained here.

Therefore, this writ petition is disposed of with the

following directions:

1) The petitioner is free to challenge Ext.P7 by filing

appropriate proceedings before the competent authority

within 30 days from the date of receipt of a certified copy

of this judgment.

2) If such a proceedings is received, the competent

authority will consider the same and pass appropriate

orders in it, after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any rate,

within five months from the date of receipt of a certified

copy of the judgment.

3) If any question of delay occurred, the time during which

this writ petition is pending before this Court will be

excluded.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

PPENDIX OF WP(C) 20800/2016

PETITIONER EXHIBITS

P1 A TRUE COPY OF THE DOCUMENT BEARING NO.1661/94 OF THE KARIKODE SRO DATED 30.8.94.

P2 A TRUE COPY OF THE COMMUNICATION OF THE THIRD RESPONDENT DATED 27.6.2013.

P3 A TRUE COPY OF THE REPLY FORWARDED TO THE THIRD RESPONDENT DATED 27.8.2013.

P4 A TRUE COPY OF THE REPLY OF THE THIRD RESPONDENT DATED 10.9.2013.

P5 A TRUE COPY OF THE STATEMENT OF THE FIRST RESPONDENT DATED 19.11.2015.

P6 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.33100 OF 2015 DATED 14.1.2016 OF THIS HON'BLE COURT.

P7 A TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DATED 20.5.2016.