R. Kamalavathy vs The Additional Chief Secretary ...
2024 Latest Caselaw 13255 Ker

Kerala High Court

R. Kamalavathy vs The Additional Chief Secretary ... on 23 May, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946

                          WP(C) NO. 751 OF 2021

PETITIONER:

              R. KAMALAVATHY
              AGED 81 YEARS
              WIFE OF THE DAMODARAN NAIR,'USHUSS',HOUSE, KASABA
              AMSAM,THIRUTHIYAD DESOM,PUTHIYARA.P.O, KOZHIKODE
              DISTRICT,PIN-673004.
              BY ADV P.B.PRADEEP


RESPONDENTS:

     1        THE ADDITIONAL CHIEF SECRETARY (REVENUE)
              STATE OF KERALA,THIRUVANANTHAPURAM DISTRICT,PIN-695001.
     2        THE DISTRICT COLLECTOR,
              CIVIL STATION,KOZHIKODE DISTRICT,PIN-673001.
     3        THE REVENUE DIVISIONAL OFFICER,
              CIVIL STATION,KOZHIKODE DISTRICT, PIN-673001.
     4        THE TAHSILDAR,
              TALUK OFFICE,KOZHIKODE,KOZHIKODE DISTRICT, PIN-673001.
     5        THE VILLAGE OFFICER,
              KASABA VILLAGE,KOZHIKODE DISTRICT, PIN-673006.
     6        SMT.UMADEVI NAMBIAR,
              AGED 68 YEARS
              DAUGHTER OF SANKUNNI,KALLIASSERY HOUSE, NOW RESIDING AT
              -571,FIRST MAIN ROAD, 3RD BLOCK,RAJMAHAL VILAS STAGE-
              II,BANGALORE, PIN-560094.
              BY ADVS.
              SRI.M.GOPIKRISHNAN NAMBIAR
              SRI.K.JOHN MATHAI
              SRI.JOSON MANAVALAN
              SRI.KURYAN THOMAS
              SRI.PAULOSE C. ABRAHAM
              SRI.RAJA KANNAN

OTHER PRESENT:
           GP- DEEPA V

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.751 of 2021         :2:



                           VIJU ABRAHAM, J.
          --    -- -- -- -- -- -- -- -- -- -- -- --
                        W.P.(C) No.751 of 2021
          --    -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 23rd day of May, 2024

                             JUDGMENT

The petitioner has approached this Court seeking a direction

to the 1st respondent to dispose of Ext.P4 on merits after affording

an opportunity of being heard to the parties.

2. Ext.P4 is an appeal preferred before the 1 st respondent,

aggrieved by Ext.P3, whereby the request of the petitioner for

payment of tax has been declined. When the matter came up for

consideration on an earlier occasion, the learned Government

Pleader upon instructions submitted that the appropriate authority

to consider Ext.P4 appeal is the 2 nd respondent District Collector.

Thereupon the petitioner has preferred Ext.P10 appeal before the

2nd respondent and she seeks for an expeditious disposal of the

same.

3. Heard the learned Government Pleader as well as the

learned counsel for the 6th respondent.

4. After hearing both sides I am inclined to dispose of the writ

petition with a direction to the 2nd respondent to take up Ext.P10

appeal preferred by the petitioner and pass appropriate orders

therein, in accordance with law, after affording an opportunity of

being heard to the petitioner as well as the 6 th respondent. The

proceedings shall be finalised within an outer limit of two months

from the date of receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 751/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE 'A' REGISTER AS WELL AS IN BTR OF KASABA VILLAGE IN WHICH NECESSARY ENTRIES WERE MADE IN.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BEFORE THE 4TH RESPONDENT BY THE PETITOINER'S HUSBAND EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY R-3 BEARING NO.B3-17769/15 DATED 28.04.2017 EXHIBIT P4 TRUE COPY OF THE APPEAL DT 27-11-2017 BEFORE THE 1ST RESPONDENT BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE LEGAL OPINION DT.7.6.16,BEARING REF.NO.62/16 FROM THE OFFICE OF THE DISTRICT GOVERNMENT PLEADER AND PUBLIC PROSECUTOR,KOZHIKODE EXHIBIT P6 TRUE COPY OF THE ORDER DATED 27.01.06 BEARING NO.B3.343/06 PASSED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER DATED 27.09.08 PASSED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF SETTLEMENT DEED NO.449/2001 OF THE SRO,KOZHIKODE EXHIBIT P9 TRUE COPY OF THE JUDGMENT DT 31.01.19 IN WP(C)38220/2018.

Exhibit- P10 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE REVENUE SECRETARY DATED 20.2.2024

RESPONDENT EXHIBITS Exhibit R6 (a) True copy of the document No. 1501 of 1944 dated 20.12.1944 of SRO Kozhikode (Joint) executed by Kanholy Karunakaran Nair in favor of Kasmindi Kunhiraman Nair Exhibit R6 (b) True copy of the Sale Deed No. 107/1949 dated 18.02.1949 of SRO Kozhikode executed by Karunakaran nair in favour of Damodharan Nair

Exhibit R6 (c) True copy of the Document No. 97/1952 dated 05.02.1952 of SRO Kozhikode (Joint) executed by Kunhiraman Nair in favour of Gopalan Nair Exhibit R6 (d) True copy of the Purchase Certificate dated 10.10.1975 issued by the Land Tribunal, Kozhikode in favour of U.K. Appu and Nalini Exhibit R6 (e) True copy of the Settlement deed dated 29.09.2000 registered as Document No. 449/2001 of SRO West Hill