The High Court of Kerala, on appeal, upheld the rejection of a writ petition by the Single Judge on grounds of laches and delay. The Court held that the petitioners had no right to approach the State Government for revision under the Order of 1967, as they should have appealed to the competent authority first.
The writ appeal was rejected and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE K.M.JOSEPH
THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929
WA.No. 2815 of 2007
AGAINST THE JUDGEMENT IN WPC.24184/2007 Dated 08/08/2007
APPELLANTS /PETITIONERS:
KOZHA KARA, KURAVILANGADU VILLAGE.
ALAPPATTUMEDAYIL HOUSE, KURUVILANGADU KARA AND VILLAGE.
BY ADV. SRI.T.R.RAVI
RESPONDENTS/ RESPONDENTS:
SECRETARY TO DEPARTMENT OF AGRICULTURE (NCA), THIRUVANANTHAPURAM.
KURUVILANGADU.
MATTATHILKULATHINANIYIL, KURIYANADU KARA,
MONIPPALLY VILLAGE.
MATTATHILKULATHINANIYIL, KURIYANADU KAR, MONIPPALLY VILLAGE.
BY SR. GOVT. PLEADER SMT. K. MEERA .
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L. DATTU, C.J. & K.M. JOSEPH, J.
JUDGMENT
H.L.DATTU, CJ,
This Writ Appeal arises out of the order passed by the learned Single Judge in W.P.(C) 24184 of 2007 dated 8th August, 2007. In the writ petition, the petitioners had called in question the order passed by the competent authority under the provisions of Kerala Land Utilisation Order, 1967 (hereinafter, for the sake of brevity and convenience, referred to as 'Order of 1967'). The order, that was questioned by the petitioners was the order passed by the State Government rejecting the revision filed by the petitioners against the order passed by the competent authority dated 22.6.1996.
Petitioners claim that they are the joint owners in possession of the paddy field in Sy.No.728/2A (Re.Sy. No.211/6 in Block No.8) of Kuravilangadu Village. In the writ petition, it was contended that the competent authority could not have passed any order in favour of the third respondent under the provisions of the Order of 1967. It is also stated that being aggrieved by the aforesaid order passed by the competent authority that they filed a revision petition before the State Government as provided under Clause 14 of the Order of 1967 and that revision petition ought not to have been rejected by the State Government only on the ground of maintainability, instead of deciding the case on merits.
2
WA.2815/2007.
WA.2815/2007.
3
appeal within the time granted.
Ordered accordingly.
H.L. DATTU, CHIEF JUSTICE
K.M. JOSEPH, JUDGE
sb/DK.
3 issues framed by the court
Whether the learned Single Judge can be criticised for rejecting the writ appeal on grounds of laches and delay.
Whether the State Government has jurisdiction to entertain a revision under the Order of 1967 filed by petitioners against an order passed by the competent authority.
Whether the petitioners, having approached the revisional authority directly instead of the appellate authority or this Court, are barred by law.
John
Tomy
Shaji Jose
State of Kerala
Rhaddi Divisional Officer, Pala
Joseph Thomas
H.L. Dattu
K.M. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
