P.M.Lukose vs The Revenue Divisional Officer
2024 Latest Caselaw 13858 Ker

Kerala High Court

P.M.Lukose vs The Revenue Divisional Officer on 28 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 8910 OF 2017
PETITIONERS:
     1     P.M.LUKOSE
           AGED 65 YEARS
           S/O.LATE. MATHAI, AGED 61,PARAPPURATH HOUSE,
           VALAMBOOR,MAZHUVANNUR P.O., ERNAKULAM DISTRICT,PIN-
           686669.
    2       SHEELA LUKOSE
            W/O. P.M. LUKOSE, AGED 48,PARAPPURATH HOUSE,
            VALAMBOOR,MAZHUVANNUR P.O., ERNAKULAM DISTRICT,PIN-
            686669.
    3       M.C.GEORGE
            S/O LATE, CHACKO, AGED 65,MYALIPUTHENPURAYIL
            HOUSE,VALAMBOOR, MAZHUVANNUR P.O.,ERNAKULAM DIST. PIN-
            686669.

            BY ADV SRI.BENNY VARGHESE


RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVNUE DIVISIONAL OFFICER,CIVIL STATION,
           MUVATTUPUZHA,ERNAKULAM DISTRICT,PIN-686 661.
    2       THE VILLAGE OFFICER
            MAZHUVANNOOR VILLAGE,ERNAKULAM DISTRICT, PIN-686 669.
    3       THE SECRETARY
            MAZHAVANNUR GRAMAPANCHAYATH,MAZHUVANNOOR P.O.,
            ERNAKULAM DISTRICT,PIN-686669.
    4       SANTHAKUMARI
            W/O P.S.MOHANAN, 45 PUTHETH HOUSE,VALAMBOOR, ERNAKULAM
            DISTRICT,MAZHUVANNUR P.O., PIN-686 669.
    5       MOHANAN
            S/O SANKARAN NAIR,ABOUT 51 PUTHETH HOUSE, VALAMBOOR,
            ERNAKULAM DISTRICT,MAZHUVANNUR P.O., PIN-686 669.

            SRI.RIYAL DEVASSY, GP

            SRI.VARGHESE K.PAUL, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.8910 of 2017


                                        2


                       P.V.KUNHIKRISHNAN,J.
                   ---------------------
                       W.P (C) No.8910 of 2017
                ---------------------------
                  Dated this the 28th day of May, 2024

                                 JUDGMENT

This writ petition is filed with the following prayers:-

"i) To consider and pass orders on Exhibit P12

representation submitted before the 3rd respondent

within a time frame after affording an opportunity for

hearing by the petitioners.

ii) To pass such other relief as deemed fit and

proper in the facts and circumstances of the case."

[SIC]

2. This writ petition is listed in the defect list because,

the process is not received to issue notice to respondents 3 to

5. This writ petition is filed in the year 2017. I am of the

considered opinion that this writ petition need not be retained

here. If there is any surviving grievance to the petitioners, the

petitioners can approach the competent authority among the

respondents with appropriate representation. If such a

representation is received, the competent authority will

consider the same with notice to the petitioners and

respondents 3 to 5.

With the above observations, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 8910/2017

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE PETITION QNO. 476/2014 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 10.03.2014.

EXHIBIT P2 THE TRUE COPY OF THE REPORT O. 44/2014 DATED 20-03-2014 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE VILLAGE OFFICER,

EXHIBIT P3 THE TRUE COPY OF THE NOTICE NO.A3-2327/14.

EXHIBIT P4 THE TRUE COPY OF THE PROVISIONAL ORDER NO. A3- 2327/14 DATED 17-10-2014.

EXHIBIT P5 THE REPORT SUBMITTED BY THE ASSISTANT EXEWCUTIVE ENGINEER, PVIP SUB DIVISION NO.6, PERUMBAVOOR.

EXHIBIT P6 THE LETTER SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT NO. A3-2337/14 DATED 13.04.2015.

EXHIBIT P7 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 3RD RESPOONDENT ON 09- 09-2015.

EXHIBIT P8 THE TRUE COPY OF THEORDER NO. A3-2327/14 DATED 29-01-2016 ISSUED BY THE 1ST RESPONDENT OT THE 3RD RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE DIRECTION GIVEN BY THE 1ST RESPONDENT TO 3RD RESPONDENT DATED 08-04- 2016.

EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN WPC 2551/2016.

EXHIBIT P11 THE TRUE COPY OF THE FINAL ORDER PASSED BY THE 1ST RESPONDENT DATED 19.11.2016 IN PROCEDINGS NUMBER A3-2327/14.

EXHIBIT P12 THE TRUE COPY OF THE REPRESENTATION FILED

BEFORE THE 3RD RESPONDENT IN THE PETITION.

EXHIBIT P13 THE TRUE COPY OF THE REPLY SENT BY THE 3RD RESPONDENT TO THE 3RD PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 14.02.17.