Kerala High Court
Antony P.R vs State Of Kerala on 16 April, 2025
2025:KER:32676
WP(C) No.15740/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
WP(C) NO. 15740 OF 2025
PETITIONER/S:
ANTONY P.R., AGED 69 YEARS
S/O LATE. ANTHAPPAN RAPHAEL, KAKKANAD VILLAGE,
KAKKANAD NORTHH.P.O, ERNAKULAM, NOW RESIDING AT
PANAKKAL HOUSE, KOTHAD P.O., KOCHI, PIN - 682027
BY ADVS.
C.DILIP
T.U.ZIYAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 REVENUE DIVISIONAL OFFICER, OFFICE OF RDO, FORT
KOCHI, ERNAKULAM DISTRICT., PIN - 682001
3 TAHSILDAR, KANAYANOOR TALUK, ERNAKULAM, KOCHI., PIN -
682011
4 TAHSILDAR, LAND RECORD, KANAYANOOR TALUK, ERNAKULAM,
KOCHI, PIN - 682011
5 THE TALUK SURVEYOR
KANAYANOOR TALUK, ERNAKULAM, KOCHI., PIN - 682011
6 THE VILLAGE OFFICER
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WP(C) No.15740/2025
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KAKKAND VILLAGE, KAKKANAD P.O,, PIN - 682030
ADDL.R7 MR.ABRAHAM PAUL,
S/O LAT.N.V.PAUL, AGED 65 YEARS,
NADAPARAMBILKILITHATTIL HOUSE, CPWD QUARTERS, BLOCK
NO 16, KUNNUMPURAM, KAKKANAD VILLAGE, KOCHI
ADDL.R8 JOSEPH P.R
S/O LATE. ANTHAPPAN RAPHAEL, RESIDING AT PANAKKAL
HOUSE, KOTHAD P.O., KOCHI
ADDL.R9 SEBASTIAN.P.R
S/O LATE. ANTHAPPAN RAPHAEL, KAKKANAD VILLAGE,
KAKKANAD NORTHH.P.O, ERNAKULAM, RESIDING AT PANAKKAL
HOUSE, KOTHAD P.O., KOCHI
ADDL.R10 ROY @ GILROY.P.R
S/O LATE. ANTHAPPAN RAPHAEL, KAKKANAD VILLAGE,
KAKKANAD NORTHH.P.O, ERNAKULAM, RESIDING AT PANAKKAL
HOUSE, KOTHAD P.O., KOCHI
ADDL.R11 MARY MOLLY @ MARY ISABELLA P.R
D/O LATE. ANTHAPPAN RAPHAEL, KAKKANAD VILLAGE,
KAKKANAD NORTHH.P.O, ERNAKULAM, RESIDING AT PANAKKAL
HOUSE, KOTHAD P.O., KOCHI
ADDITIONAL RESPONDENTS 7 TO 11 ARE IMPLEADED AS PER
ORDER DATED 16.04.2025 IN IA NO.1/2025
OTHER PRESENT:
PARVATHY K. - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.15740/2025
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JUDGMENT
The petitioner along with his siblings is in joint ownership by
way of inheritance of 5.55 acres of land in Kakkanad Village belonged
to their father, late Anthappan Raphael, as per Ext.P1 purchase
certificate. Being one of the legal heirs of late Anthappan, the
petitioner filed an application before the sixth respondent - Village
Officer for effecting mutation, which was rejected vide Ext P5 order.
Challenging the same, the petitioner has filed Ext.P6 appeal before the
second respondent - Revenue Divisional Offcer along with Ext. P7 stay
petition. The petitioner's grievance is that so far the appeal as well as
the stay petition has not been considered by the second respondent. He
prays for a direction to the second respondent to dispose of the appeal
and stay petition in a time bound manner.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. Considering the limited relief sought for in the writ
petition, I am of the opinion that the writ petition can be disposed of,
with a direction to the second respondent to consider and pass orders
on Exts.P6 and P7, however, with notice to additional respondents 7 to
11 since they are impleaded in the writ petition without serving notice.
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Accordingly, the writ petition is disposed of, with the following
directions;
a) The second respondent is directed to consider and pass orders on
Ext.P7 stay petition, if pending, with notice to the petitioner,
additional respondents and affected parties, if any, within a
period of one month from the date of receipt of copy of this
judgment. Till then, any coercive proceedings pursuant to Ext.P5
order shall be kept in abeyance.
b) The second respondent shall pass consider and pass orders on
Ext.P6 appeal, in accordance with law, after affording an
opportunity of hearing to the petitioner, additional respondents
and all affected parties, if any, within a period of one month
thereafter.
The petitioner shall produce a certified copy of this judgment
before the second respondent along with a copy of the writ petition for
compliance.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
2025:KER:32676
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APPENDIX OF WP(C) 15740/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO
1327 DATED 30.7.1977 ISSUED BY THE LAND
TRIBUNAL, ERNAKULAM
Exhibit P2 TRUE PHOTO COPY OF THE LEGAL OPINION DATED
NIL FILED BY THE COUNSEL FOR PETITIONER
BEFORE THE 4TH RESPONDENT
Exhibit P3 TRUE PHOTO COPY OF THE JUDGMENT DATED
28.02.2019 IN W.P (C ) NO 6128 OF 2019
Exhibit P4 TRUE PHOTO COPY OF THE LEGAL OPINION DATED
18.06.2021 IN W.P (C) NO 6128 OF 2019
Exhibit P5 TRUE PHOTO COPY OF ORDER DATED 25.05.2023
ISSUED BY THE 4TH RESPONDENT
Exhibit P6 TRUE PHOTO COPY OF APPEAL MEMORANDUM DATED
22.06.2023 FILED BY THE PETITIONER AND
OTHER JOINT OWNERS BEFORE THE SECOND
RESPONDENT
Exhibit P7 TRUE PHOTO COPY OF STAY PETITION DATED
22.06.2023 FILED BY THE
APPELLANTS/PETITIONER AND HIS SIBLINGS
BEFORE THE SECOND RESPONDENT
Exhibit P8 TRUE PHOTO COPY OF ARGUMENT NOTE DATED
25.11.2024 FILED BY THE
APPELLANTS/PETITIONER
