Gee Varghese Yohannan vs State Of Kerala
2025 Latest Caselaw 1854 Ker

Kerala High Court

Gee Varghese Yohannan vs State Of Kerala on 1 August, 2025

W.P.(C) No.13028 of 2020           1

                                                      2025:KER:57280


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

      FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947

                           WP(C) NO. 13028 OF 2020


PETITIONERS:

      1       GEE VARGHESE YOHANNAN, AGED 80 YEARS
              S/O.LATE VARGHESE, PLAVILAPUTHEN VEETTIL,
              NEAR SBT, KUNDARA P.O., KOLLAM-691501.

      2       ALEX THOMAS P.G.T.,AGED 61 YEARS
              S/O.LATE P.G.THOMAS, PLAVILAPUTHEN VEEDU,
              KUNDARA P.O., KOLLAM-691501, REPRESENTED BY
              HIS POWER OF ATTORNEY HOLDER MRS.REENA RAJ,
              W/O.ALEX THOMAS, AGED 56, TC4/304,
              AMBALANAGAR COLONY, 27, AMBALAMUKKU, KOWDIAR P.O.,
              THIRUVANANTHAPURAM.

      3       ALEYAMMA THANKACHAN, AGED 77 YEARS
              W/O.LATE THANKACHAN, BINNY BHAVAN,
              KUNDARA P.O., KOLLAM-691501.


              BY ADVS.
              SRI.K.S.HARIHARAPUTHRAN
              SRI.SAJU J PANICKER




RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

      2       THE DISTRICT COLLECTOR,
              CIVIL STATION, KOLLAM-691013.

      3       THE TAHSILDAR, KOLLAM TALUK,
              KOLLAM DISTRICT-691013.

      4       THE VILLAGE OFFICER,
 W.P.(C) No.13028 of 2020          2

                                                     2025:KER:57280


              ELAMPALLOOR VILLAGE, KUNDARA, KOLLAM-691501.

  ADDL.R5     RATHEESHKUMAR S., AGED 47 YEARS
              S/O SARASIJAN, KOMALATH HOUSE KATTACHIRA,
              PALLICHAL P.O, MAVELIKKARA ALAPPUZHA DISTRICT
              ADDL R5 IMPLEADED AS PER ORDER DATED 13/10/23 IN
              I.A.NO 3/2023


              R5 BY ADVS. SHRI.M.G.KARTHIKEYAN
              SRI.NIREESH MATHEW



OTHER PRESENT:

              GP- RIYAL DEVASSY


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.13028 of 2020                      3

                                                                                  2025:KER:57280



                                   VIJU ABRAHAM, J.
                   .................................................................
                              W.P.(C) No.13028 of 2020
                   .................................................................
                      Dated this the 1st day of August, 2025


                                         JUDGMENT

Pursuant to the direction issued by this Court petitioners and the

party respondent were called for a meeting by the District Collector and

the issues have been settled.

2. Learned Senior Government Pleader (Revenue) would submit

that the property has already been re-conveyed to the petitioners.

In view of the same nothing survives in the writ petition. It is

accordingly closed.

Sd/-

VIJU ABRAHAM JUDGE

cks

2025:KER:57280

APPENDIX OF WP(C) 13028/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 7.7.2015 FILED UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P2 THE TRUE COPY OF THE REPLY DATED 14.7.2015 ISSUED TO THE 1ST PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 29.10.2008 IN WP(C)6348 OF 2008 OF THIS HON'BLE COURT.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 2.3.2009 IN WA NOS.2370/2008 AND 2430/2008 OF THIS HON'BLE COURT. EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 17.2.2015 IN SLP NOS.33369-33370/2009 OF THE HON'BLE SUPREME COURT.

EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) 22793 OF 2015, WP(C) 22914 OF 2015 AND WP(C)25801 OF 2015 PASSED BY THIS HON'BLE COURT.

EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 16.9.2019 VIDE G.O.(RT) NO.2541/2019/RD PASSED BY THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE AUCTION NOTICE DATED 28-01-2022 ISSUED BY THE 1ST RESPONDENT. RESPONDENT EXHIBITS

EXHIBIT R2(A) THE TRUE COPY OF GO(MS) NO.387/00/RD DATED 22.12.00.

EXHIBIT R2(B) THE TRUE COPY OF ORDER OF HON'BLE SUPREME COURT IN SLP(C) NOS.33369- 33370/2009.

Exhibit-R5(a) True photocopy of the order of confirmation of sale in Form-17 under Section 54 of R.R. Act, dated 30.05.2023.

Exhibit-R5(b) True photocopy of the declaration of lawful succession made in Form-18A under Section 57(1) of R.R. Act, dated 31.05.2023.

2025:KER:57280

RESPONDENT ANNEXURES

ANNEXURE I TRUE COPY OF THE AUCTION NOTICE DATED 28.01.2022.

ANNEXURE II TRUE COPY OF THE RELEVANT PAGES OF THE JANAYUGAM NEWSPAPERS DATED 10.03.2022. ANNEXURE III TRUE COPY OF THE RELEVANT PAGES OF THE MANGALAM NEWSPAPERS DATED 10.03.2022. ANNEXURE IV TRUE COPY OF THE MAHAZER DATED 16.03.2022 PERTAINING TO THE PROPERTY HAVING AN EXTENT OF 3.85 ARES. ANNEXURE V TRUE COPY OF THE MAHAZER DATED 16.03.2022 PERTAINING TO THE PROPERTY HAVING AN EXTENT OF 1.72 ARES. ANNEXURE VI TRUE COPY OF THE RELEVANT PAGES OF THE AUCTION DAIRY PERTINAINING TO THE PROPERTY HAVING AN EXTENT OF 3.85 ARES. ANNEXURE VII TRUE COPY OF THE RELEVANT PAGES OF THE AUCTION DAIRY PERTINAINING TO THE PROPERTY HAVING AN EXTENT OF 1.72 ARES.