Kerala High Court
Dr. Sebastian Thekethecheril. Present ... vs The Tahsildar (Lr) on 25 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NO. 25528 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 25528 OF 2024
PETITIONER:
DR. SEBASTIAN THEKETHECHERIL, PRESENT BISHOP OF
DIOCESE OF VIJAYAPURAM REPRESENTED BY POWER OF
ATTORNEY HOLDER REV. FR. HILARI JOSEPH
AGED 42 YEARS PRIEST, S/O JOSEPH,
THEKKEKUTTU HOUSE, THUKALASSERY,
THIRUMOOLAPURAM P O, THIRUVALLA VILLAGE,
PATHANAMTHITTA DISTRICT, 689101
PRESENTLY RESIDING AT VIJAYAPURAM BISHOP'S HOUSE,
KOTTAYAM MUNICIPALITY, NATTASSERY KARA,
MUTTAMBALAM VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, COLLECTORATE P.O,
PIN - 686001
BY ADVS.
RESHMA E.
ANJITHA SANTHOSH
ATHEENA ANTONY
RESPONDENTS:
1 THE TAHSILDAR (LR)
KOTTAYAM TALUK, KOTTAYAM,
KOTTAYAM DISTRICT -, PIN - 606001
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2 THE VILLAGE OFFICER
VILLAGE OFFICE, MUTTAMBALAM,
KANJIKUZHI, KOTTAYAM, KERALA, PIN - 686002
3 THE HEAD SURVEYOR
SURVEY AND TALUK RECORDS, KOTTAYAM TALUK,
KOTTAYAM, KOTTAYAM DISTRICT, PIN - 606001
4 CARMELITE VICAR PROVINCIAL
REPRESENTED BY FATHER HIPPOLITTUS KATTIKKATTU,
PROVINCIAL PROCURATOR FOR TEMPORALITIES,
ST. PIUS X CARMELITE PROVINCIAL HOUSE P.B. NO. 27,
SUNDARAGIRI, NORTH KALAMASSERY-, PIN - 683104
BY ADV P.GEORGE WILLIAM
OTHER PRESENT:
RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
Ext.P10 order passed by the 1st respondent is under
challenge in this writ petition.
2. I have heard Smt. Reshma E, the learned counsel for
the petitioner, Sri.P.George William, the learned counsel
appearing for the 4th respondent and Sri.Rajeev Jyothish George,
the learned Government Pleader.
3. A perusal of Ext.P10 order would show that the
property, which has already been mutated in the name of the
petitioner was recalled and mutated in the name of the 4 th
respondent. Such an exercise has been done by the 1 st respondent
without giving an opportunity of being heard to the petitioner.
When the 1st respondent passed an order mutating the property,
which had already been mutated in the name of the petitioner,
again in the name of the 4th respondent, definitely the petitioner
should have been given an opportunity to be heard.
Ext.P10 violates the principles of natural justice. Hence, it is
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set aside. The 1st respondent is directed to pass fresh orders after
hearing the petitioner and the 4th respondent, in accordance with
law, within a period of three months from the date of receipt of a
copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
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APPENDIX OF WP(C) 25528/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE POWER OF ATTORNEY'
DATED 11.07.2023 EXECUTED BY THE PRESENT
BISHOP DR. SEBASTIAN THEKETHECHERIL,
DIOCESE OF VIJAYAPURAM REGISTERED IN SUB
REGISTRY KOTTAYAM WITH REGISTER
NO.261/2021 IN THE NAME OF THE
PETITIONER
EXHIBIT P2 THE TRUE COPY OF LAND TAX RECEIPT DATED
15.04.2024 TOWARDS THE RE SURVEY NUMBER
34 AND 36 IN BLOCK NO 42 OF MUTTAMBALAM
VILLAGE
EXHIBIT P3 THE TRUE COPY APPLICATION DATED
15.12.2022 SUBMITTED BY THE 4TH
RESPONDENT TO THE 1ST RESPONDENT
RECEIVED BY THE PETITIONER UNDER RTI ACT
EXHIBIT P4 THE TRUE COPY OF THE DTP COPY DATED
15.09.2020 SUBMITTED BY THE 4TH
RESPONDENT AS REFERENCE NUMBER 5 IN THE
EXTP3 APPLICATION, RECEIVED BY THE
PETITIONER UNDER RTI ACT 2005
EXHIBIT P5 THE TRUE COPY OF THE DTP COPY DATED
15.09.2020 SUBMITTED BY THE 4TH
RESPONDENT AS REFERENCE NUMBER 6 IN THE
EXTP3 APPLICATION, RECEIVED BY THE
PETITIONER UNDER RTI ACT 2005
EXHIBIT P6 THE TRUE COPY OF THE RTI QUESTIONNAIRE
DATED 31.05.2024 SUBMITTED BY THE
PETITIONER
EXHIBIT P7 . THE TRUE COPY OF THE DOCUMENTS
RECEIVED BY THE PETITIONER IN REPLY TO
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THE EXTP6 QUESTIONNAIRE UNDER RTI ACT
EXHIBIT P8 THE TRUE COPY OF THE REPORT OF THE 2ND
RESPONDENT DATED 01.02.2023 RECEIVED BY
THE PETITIONER UNDER RTI ACT 2005
EXHIBIT P9 THE TRUE COPY OF THE REPORT OF THE 2ND
RESPONDENT DATED 16.03.2023 FORWARDED TO
THE 1ST RESPONDENT ON 11.04.2023
RECEIVED BY THE PETITIONER UNDER RTI ACT
EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED
27.06.2024 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P11 THE TRUE COPY OF FORM NO 7 DATED
26.06.2024 RECEIVED BY THE PETITIONER
UNDER RTI ACT 2005
EXHIBIT P12 THE TRUE COPY OF THE E SERVICE STATUS OF
THE PROPERTY COMPRISING OF RE SURVEY
NUMBER 36 OF THE BLOCK NUMBER 42
RESPONDENT EXHIBITS
EXHIBIT R4(1) THE TRUE COPY OF THE LETTER DATED
22/1/2022 ALONG WITH ACCOMPANYING
DOCUMENTS
