Kerala High Court
N K George vs Agricultural Officer on 21 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.14775/2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 14775 OF 2017
PETITIONER:
N K GEORGE
AGED 64 YEARS
AGED 64 YEARS, S/O.KOCHUVAREETH, RESIDING AT
NALPAT HOUSE, DARA-40,MURIGOOR THEKKUMURI VILLAGE,
KORATTY PO,KORATTY-680 308.
BY ADVS.
SRI.K.V.GEORGE
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS:
1 AGRICULTURAL OFFICER
KRISHI BHAVAN, KORATTY PO, THRISSUR
(DISTRICT)KORATTY-680 308.
2 LOCAL LEVEL MONITORING COMMITTEE
KORATTY GRAMA PANCHAYAT, REPRESENTED BY ITS
CONVENOR,AGRICULTURAL OFFICER, KRISHI BHAVAN,
KORATTY PO,THRISSUR DISTRICT, KORATTY-680 308.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.14775/2017
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P.V.KUNHIKRISHNAN, J.
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W.P.(c).No.14775 of 2017
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Dated this the 21st day of May, 2024
JUDGMENT
The above writ petition is filed with the following prayers:-
"(a) Call for the records leading to Exhibit P6 order issued by the
respondent and quash Exhibit P6 order by issuance of a writ in the
nature of certiorari or any other appropriate writ, order or direction;
and
(b) Grant such other and further reliefs as are deemed just and
necessary in the facts and circumstances of the case including the
costs of this proceedings."
2. The main prayer in this writ petition is against
Exhibit P6. The petitioner submitted Exhibit P7
representation against Exhibit P6. When this writ petition
came up for consideration on 28.4.2017, this Court passed
the following order:-
"Learned Government Pleader takes notice for the respondents and
seeks time for filing counter.
In the meantime further proceedings pertains to Exhibit P6 will stand
stayed for a period of one month.
Post after vacation."
3. Interim order was extended until further orders on
28.06.2017. Even now the stay of Exhibit P6 is in force. I am of
the considered opinion that this writ petition need not be
retained here. The petitioner already submitted his explanation
to Exhibit P6 as evident by Exhibit P7. According to the
petitioner, the authority who issued Exhibit P6 has no
jurisdiction to issue such an order. These contentions can be
raised by the petitioner before the authority at the time of
hearing. Therefore, this writ petition is disposed of with the
following directions:-
i) The 1st respondent is directed to consider and pass
appropriate orders on Exhibit P7 after giving an opportunity of
hearing to the petitioner, as expeditiously as possible, within three
months from the date of receipt of a copy of this judgment. The
petitioner is free to raise the question of jurisdiction also before the
1st respondent.
ii) Till then the operation of Exhibit P6 shall be kept in
abeyance.
sd/-
P.V.Kunhikrishnan, Judge
sj22/5/24
APPENDIX OF WP(C) 14775/2017
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF REGD.SALE DEED NO. 212 OF
1980 DATED 23-1-1980 OF CHALAKUDY SUB
REGISTRY.
EXHIBIT P2 : TRUE COPY OF REGD. SETTLEMENT DEED
NO.5567 OF 2004 DATED 1-10-2004 OF
CHALAKUDY SUB REGISTRY
EXHIBIT P3 : TRUE COPY OF POSSESSION CERTIFICATE
NO.21723630 DATED 15-11-2016 ISSUED BY
VILLAGE OFFICER, MURINGOOR THEKKUMMURI
TO PETITIONER.
EXHIBIT P4 : TRUE COPY OF LAND TAX RECEIPT NO.7277059
(BOOK NO.72771) DATED 4-10-2016 ISSUED
BY VILLAGE OFFICER, MURINGOOR
THEKKUMMURI TO PETITIONER.
EXHIBIT P5 : TRUE COPY OF CERTIFICATE DATED 6-1-2017
ISSUED BY FIRST RESPONDENT TO
PETITIONER.
EXHIBIT P6 : TRUE COPY OF ORDER NO.KTY-9/2016-17
DATED 3-3-2017 ISSUED BY FIRST
RESPONDENT TO PETITIONER.
EXHIBIT P7 : TRUE COPY OF REPRESENTATION DATED 29-3-
2017 SUBMITTED BY PETITIONER TO FIRST
RESPONDENT.
EXHIBIT P8 : TRUE COPY OF POSTAL ACKNOWLEDGEMENT
SIGNED BY FIRST RESPONDENT.
