Kerala High Court
M.Ananthakrishnan vs The District Collector on 10 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WA NO. 652 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.355 OF 2014
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER
M.ANANTHAKRISHNAN,
AGED 64 YEARS
S/O. LATE MURUKANDI, SUVARNAM, VALMUTTIKALAM,
CHITTUR, PALAKKAD 678 101., PIN - 678101
BY ADVS.
PHILIP T.VARGHESE
ACHU SUBHA ABRAHAM
K.R.MONISHA
THOMAS T.VARGHESE
RESPONDENTS/RESPONDENTS
1 THE DISTRICT COLLECTOR
PALAKKAD, PIN - 678001
2 THE SUPERINTENDENT OF POLICE
PALAKKAD, PIN - 678001
3 THE DISTRICT REGISTRAR (GENERAL)
PALAKKAD, PIN - 678001
4 THE REVENUE DIVISIONAL OFFICER
PALAKKAD, PIN - 678001
5 THE TAHSILDAR
CHITTUR, PIN - 678101
6 THE ADDITIONAL TAHSILDAR
CHITTUR, PIN - 678101
7 THE VILLAGE OFFICER
CHITTUR, PIN - 678101
W.A.No.652 of 2024
2
8 P.M.Y. MANZOOR
S/O MUHAMMED YOUSEF XIV/105, VALMUTTY LANE,
CHITTUR AMSON, CHITTUR TALUK, PIN - 678101
9 N. MANIKANDAN
S/O LATE NARAYANAN, DEVANKAPURAM I, CHITTUR
AMSON, CHITTUR TALUK, PIN - 678101
10 THE LAND REVENUE COMMISSIONER
THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
SMT. NISHA BOSE (SR GP).,
SRI. P R VENKATESH ((FOR RESP)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.652 of 2024
3
JUDGMENT
============
Dated this the 10th day of May, 2024
Gopinath P., J.
The appellant is the petitioner in W.P(C)No.355 of
2014. W.P(C)No.355 of 2014 was filed challenging Ext.P16
order.
2. A learned Single Judge of this Court through the
impugned judgment permitted the petitioner to challenge
Ext.P16 before the appellate authority. The learned Single
Judge has also directed that if Ext.P16 is challenged before
the appellate authority within one month from the date of
receipt of a certified copy of the judgment, further
proceedings on Ext.P16 will be subject to the orders to be
passed by the appellate authority.
3. The learned counsel appearing for the appellant
would submit that the learned Single Judge ought to have
quashed Ext.P16 on a short ground. It is stated that the
appellant/writ petitioner has a specific case that Ext.P16
order was passed by an officer other than the officer who
had heard the appellant/writ petitioner.
4. Considering the above submission, we directed
learned Government Pleader to obtain instructions as to
whether an officer different from the officer who heard the
appellant/writ petitioner had actually passed Ext.P16
order.
5. The learned Government Pleader on instructions
would submit that Ext.P16 was issued by an officer other
than the officer who had actually heard the appellant/writ
petitioner.
6. We have also heard Sri.P.R. Venkatesh, the learned
counsel appearing for the contesting respondents.
7. Having heard the learned counsel appearing for
the appellant, the learned Government Pleader and the
learned counsel appearing for the contesting respondents,
we are of the view that Ext.P16 order is liable to be set
aside as the said order was issued by an officer other than
the officer who had heard the appellant/writ petitioner.
8. Accordingly, without going into the merits of the
contentions taken by either side, this writ appeal is allowed
by setting aside the judgment of the learned Single Judge.
Ext.P16 will stand quashed. The District Collector,
Palakkad (1st respondent) will pass fresh orders in the
matter after affording an opportunity of hearing to the
appellant/petitioner and to respondents 8 and 9. We make
it clear that we have not expressed any opinion on the
merits of the claims raised by the appellant/writ petitioner
and we are setting aside Ext.P16 only on the ground that
the order was passed by an officer other than the officer
who had heard the parties. The 1st respondent shall
endeavour to pass fresh orders as directed above within a
period of three months from the date of receipt of a
certified copy of this judgment.
Sd/-
GOPINATH P.
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
smm
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXTRACT OF
THANDAPER NO. 3583 OF CHITTUR
VILLAGE DATED NIL
Exhibit P2 TRUE COPY OF THE SALED DEED NO.
491/1972 OF S.R.O, CHITTUR DATED
27.3.1972
Exhibit P3 TRUE COPY OF THE SALE DEED
NO.1355/1999 OF S.R.O, CHITTUR DATED
19.05.1999
Exhibit P4 TRUE COPY OF SALE DEED NO. 1763/2005
OF S.R.O CHITTUR DATED 11.5.2005
Exhibit P5 TRUE COPY OF SALE DEED NO.1764/2005
OF S.R.O, CHITTUR DATED 11.5.2005
Exhibit P6 TRUE COPY OF THE SALE DEED
NO.3046/2005 OF S.R.O, CHITTUR DATED
6.10.2005
Exhibit P7 TRUE COPY OF SALE DEED NO.5031/2009
OF S.R.O, CHITTUR DATED 10.08.2009
Exhibit P8 TRUE COPY OF THE NOTICE ISSUED TO
THE PETITIONER DATED 5.2.2009
Exhibit P9 TRUE COPY OF NOTICE ISSUED TO THE
PETITIONER DATED 2.3.2009
Exhibit P10 TRUE COPY PF THE LAND RELINQUISHMENT
DECLARATION GIVEN BY THE PETITIONER
DATED 30.09.2009
Exhibit P11 TRUE COPY OF THE APPLICATION MADE BY
THE PETITIONER DATED 23.03.2010
Exhibit P12 TRUE COPY OF THE REPLY DATED
19.04.2010 ISSUED TO THE PETITIONER
Exhibit P13 TRUE COPY OF THE APPLICATION DATED
10.12.2010 MADE TO THE 5TH
PETITIONER
Exhibit P14 TRUE COPY OF LETTER NO.
H2.2011/969/200 ISSUED BY THE 6TH
RESPONDENT DATED 05.03.2011
Exhibit P15 TRUE COPY OF POSSESSION CERTIFICATE
ISSUED BY THE 7TH RESPONDENT TO THE
PETITIONER DATED 10.03.2011
Exhibit P16 TRUE COPY OF THE ORDER NO. LRG 1-
2011/66740/9 DATED 18.12.2013 ISSUED
BY THE 1ST RESPONDENT
