Kerala High Court
M/S. Treasure Estates And Projects (P) ... vs District Collector on 30 September, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
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W.P(C) No.26778 of 2024 2024:KER:72623
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO.26778 OF 2024
PETITIONERS:
1 M/S. TREASURE ESTATES AND PROJECTS (P) LTD.,
REPRESENTED BY ITS DIRECTOR - SREEKUMAR,
S/O.PREM KUMAR, BLOCK NO. 19, SUN CITY APARTMENT 603,
IBLOOR, OUTER RING ROAD, BANGALORE, PIN - 560102.
2 SHAJI K., AGED 54 YEARS,
S/O. KRISHNAN, KRISHNASREE, VACHALIKUNIYIL HOUSE,
HERAHALLI VILLAGE, THUNGA NAGAR KARA, BANGALORE,
KARNATAKA, PIN - 560091.
BY ADVS.
S.PARVATHI
T.K.SREEKALA
NIKITHA SUSAN PAULSON
ATHIRA PRASAD
V.V.ASOKAN (SR.)
RESPONDENTS:
1 DISTRICT COLLECTOR, CIVIL STATION,
PAINAVU P.O, IDUKKI, PIN - 685603.
2 THE REVENUE DIVISIONAL OFFICER,
(SUB COLLECTOR), DEVIKULAM P.O., IDUKKI,
PIN - 685613.
3 TAHSILDAR (LR), UDUMBANCHOLA TALUK,
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W.P(C) No.26778 of 2024 2024:KER:72623
NEDUMKANDAM P.O., IDUKKI, PIN - 685553.
4 THE VILLAGE OFFICER, RAJAKUMARI VILLAGE,
RAJAKUMARI P.O., IDUKKI, PIN - 685619.
5 MAS ENTERPRISES LTD.,
VANDANMEDU P.O., IDUKKI DISTRICT – 685 551.
REPRESENTED BY ITS EXECUTIVE DIRECTOR - ANJO T. JOSE,
RESIDING AT VILLA A3A, HEERA VASTHUGRMAM, RAJAGIRI
VALLEY P.O., KAKKANAD, KOCHI, PIN - 685551.
ADDL.R6 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY
TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
[ADDL.R6 IS IMPLEADING AS PER ORDER DATED 05.08.2024
IN I.A-1/2024 IN WP(C) 26778/2024]
BY MATHEW JOHN
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
ABY J AUGUSTINE(K/000302/2018)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C) No.26778 of 2024 2024:KER:72623
JUDGMENT
Harisankar V. Menon, J.
The petitioners, claiming to be the joint owners of an extent of
1.3350 Hectares (3 acres and 30 cents) of land comprised in Re.Sy.
No.69/6 of Rajakumari Village, Udumbanchola Taluk, have filed the
captioned writ petition seeking for a direction from this Court to the
1st respondent herein to hear and finally dispose of Ext.P17 revision
petition as expeditiously as possible within a time frame to be fixed
by this Court.
2. The petitioners have pointed out in the writ petition that the
afore properties have been obtained by them pursuant to document
No.228 of 2019 of the Sub Registry Office, Rajakumari by change of
different hands, as evidenced by Exts.P1 to P5. It is further pointed
out that the property has been mutated in the name of the
petitioners as well as the predecessors-in-interest as evidenced by
Ext.P6. They have pointed out that the 5th respondent having some
property on the eastern/northern side of the petitioners' property has
filed a complaint before the 3rd respondent alleging that the
assignment in favour of the predecessor-in-interest of the property
W.P(C) No.26778 of 2024 2024:KER:72623
in question as per LA No.1322 of 2000 was an irregular assignment
and therefore the subsequent assignees (petitioners herein) have no
right, title or interest over the property. On the basis of the above
complaint, the 2nd respondent by Ext.P16 order dated 26.01.2024,
annulled the land assignment in favour of Iype Koshy referred to
above. Aggrieved by Ext.P16, the petitioners have filed Ext.P17
revision petition under Rule 17(8) of the Kerala Land Assignment
(Regularisation of Occupation of Forest Lands prior to 01.01.1977)
Special Rules, 1993, before the 1st respondent herein.
3. The captioned writ petition is filed, pointing out that the 1 st
respondent before whom the revision petition as above is presented,
is delaying the hearing and disposal of the same in spite of repeated
requests in that regard.
4. The petitioners have subsequent to the filing of the writ
petition impleaded the State of Kerala, Represented by Principal
Secretary to Government, Revenue Department as additional
respondent No.6 as per order dated 05.08.2024 in I.A.No.1 of 2024.
5. We have heard the learned counsel for the petitioners, the
learned Senior Government Pleader for respondents 1 to 4 and
W.P(C) No.26778 of 2024 2024:KER:72623
additional respondent 6 as well as the learned counsel representing
the 5th respondent herein.
6. The learned counsel for the petitioners points out to the
averments contained in the writ petition and submits that Ext.P16
order adversely affects the title of the petitioners as regards the
property in question and therefore, a speedy disposal of Ext.P17 is
essential.
7. The learned Senior Government Pleader and the learned
counsel for the 5th respondent, also point out that Ext.P17 can be
directed to be considered and disposed of expeditiously.
8. Having heard the submissions made as above and
considering the connected records, we deem it appropriate to
dispose of this writ petition, without going into the merits of the
disputes arising in the matter, as under:
The 1st respondent is directed to pass orders on Ext.P17 filed
by the petitioners against Ext.16 order, as expeditiously as
possible, at any rate within a period of two months from the
date of receipt of a certificate copy of this judgment with
notice to the petitioners and an authorized representative of
W.P(C) No.26778 of 2024 2024:KER:72623
the 5th respondent and after affording them an opportunity
of being heard.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
ln
W.P(C) No.26778 of 2024 2024:KER:72623
APPENDIX OF WP(C) 26778/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND ASSIGNMENT PATTA (LA
1322/00) OBTAINED BY IYPE KOSHY DATED
19.11.2001
Exhibit P2 TRUE COPY OF DOCUMENT NO. 775/2016 OF SRO
RAJAKUMARI DATED 31.5.2016
Exhibit P3 TRUE COPY OF THE SALE DEED NO. 1506/2018 OF
SRO, RAJAKUMARI DATED 11.10.2018
Exhibit P4 TRUE COPY OF THE SALE DEED NO. 228/2019 OF
SRO, RAJAKUMARI DATED 12.2.2019
Exhibit P5 TRUE COPY OF THE SURVEY SKETCH SHOWING THE
LIE AND LOCATION OF THE PROPERTY OWNED BY THE
PETITIONERS
Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, RAJAKUMARI
DATED 07.05.2022
Exhibit P7 TRUE COPY OF THE DOCUMENT NO. 1105/2001 OF
RAJAKUMARI SRO OBTAINED FROM VAIKUNDAM RUBBER
COMPANY LTD.
Exhibit P8 TRUE COPY OF THE DOCUMENT NO. 1106/2001 OF
RAJAKUMARI SRO OBTAINED FROM VAIKUNDAM RUBBER
COMPANY LTD.
Exhibit P9 TRUE COPY OF THE DOCUMENT NO. 1107/2001 OF
RAJAKUMARI SRO OBTAINED FROM VAIKUNDAM RUBBER
COMPANY LTD.
Exhibit P10 TRUE COPY OF THE LAWYER NOTICE DATED
21.06.2006
Exhibit P11 TRUE COPY OF THE REPLY NOTICE DATED
28.06.2006
Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 21.02.2019
W.P(C) No.26778 of 2024 2024:KER:72623
FILED BY THE 5TH RESPONDENT BEFORE THE 3RD
RESPONDENT
Exhibit P13 TRUE COPY OF THE PATTAYAM IN LA 46/64 DATED
18.11.1970
Exhibit P14 TRUE COPY OF THE PATTAYAM ALONG WITH THE
MAHAZAR IN LA NO. 734/62 DATED 1.11.1962
Exhibit P15 TRUE COPY OF THE REPRESENTATION FILED BY THE
2ND PETITIONER BEFORE THE 2ND RESPONDENT ON
15.06.2022
Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE 2ND
RESPONDENT DATED 26.01.2024
Exhibit P17 TRUE COPY OF THE REVISION FILED BY THE
PETITIONERS BEFORE THE 1ST RESPONDENT DATED
06.03.2024 ALONG WITH TYPED COPY
