Partly allowed

Rajendran Nair v. Revenue Divisional Officer

Kerala HC2 Nov 2016WP(C)/20036/2016

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking direction for early disposal of a pending revenue appeal (Ext.P8) before the First Respondent. The court directed the First Respondent to consider the appeal, provide a hearing to interested parties, and decide within three months.

What did the court decide?

Direction to the 1st respondent to take the pending appeal on board, provide an opportunity of hearing to the petitioner and interested persons, and decide the appeal within three months.

Rajendran Nair Vs Revenue Divisional Officer — Property and Title | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

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WP(C).No. 20036 of 2016 (D)

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PETITIONER:

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RAJENDRAN NAIR, S/O SREEDHARAN NAIR, SREEPADMAM, KALADI, MANACAUD VILLAGE, THIRUVANANTHAPURAM

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BY ADVS.SRI.V.G.ARUN (K/795/2004) SMT.INDULEKHA JOSEPH SRI.NEERAJ NARAYAN

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RESPONDENT(S):

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1. REVENUE DIVISIONAL OFFICER, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043.

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2. TAHSILDAR,

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TALUK OFFICE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 695 121.

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3. TALUK SURVEYOR, TALUK OFFICE, NEYYATTINKARA 695 121.

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4. ANITHA, D/O SUMANGI, KANCHANA MAYOORAM, PUTHIYATHURA, KARUMKULAM DESOM, KARUMKULAM VILLAGE, NEYYATTINKARA TALUK, 695 121.

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R1 TO R3, BY GOVERNMENT PLEADER SRI RUN BASTIN R4 BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 20036 of 2016 (D)

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APPENDIX

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PETITIO -------	NER(S)' -------	EXHIBITS ---------
EXHIBIT	P1	TRUE COPY OF SALE DEED NO 264 OF 1969.
EXHIBIT	P2	THE TRUE COPY OF THE SALE DEED NO 769 OF 2006.
EXHIBIT	P3	THE TRUE COPY OF THE TAX RECEIPT NO 0051663 DATED 03-05-2012 ISSUED FROM THIRUPURAM VILLAGE OFFICER.
EXHIBIT	P4	THE TRUE COPY OF THE PLAINT IN O.S NO 414 OF 2008 ON THE FILE OF THE MUNSIFF COURT, NEYYATTINKARA.
EXHIBIT	P5	TRUE COPY OF THE ORDER IN O.S NO 414 OF 2008 DATED 21-12-2011 PASSED BY THE FIRST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA
EXHIBIT	P6	THE TRUE COPY OF THE ORDER 25-03-2015 PASSED BY THE HON'BLE LOK AYUKTA IN COMPLAINT NO 2199/2012.
EXHIBIT	P7	TRUE COPY OF THE ORDER DATED 30-01-2016 PASSED BY THE SECOND RESPONDENT CANCELLING PV NO 976 OF 2006 OF THIRUPURAM VILLAGE OFFICE.
EXHIBIT	P8	TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER.
EXHIBIT	P9	TRUE COPY OF THE NOTICE DCATED 28-03-2016 ISSUED BY THE TALUK SURVEYOR TO THE PETITIONER.
EXHIBIT	10	THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE TALUK SURVEYOR NEYYATTINKARA DATED 11-04-2016
EXHIBIT	P11	THE TRUE COPY OF NOTICE ISSUED BY THE TALUK SURVEYOR, NEYYATTINKARA DATED 03-06-2016.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

SHAJI P. CHALY, J.

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W.P.(C)No.20036 of 2016

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Dated this the 2^nd day of November, 2016

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J U D G M E N T

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-------------------

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Aggrieved by Ext.P7 order dated 30.01.2016 issued by the 2^nd respondent, petitioner has preferred Ext.P8 appeal before the 1^st respondent, which is pending consideration. It is in this background seeking appropriate direction for disposal of Ext.P8 on early basis, this writ petition is filed.

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Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the 1^st respondent to take on board Ext.P8 appeal and take a decision on the same in accordance with law after providing an opportunity of hearing to the petitioner as well as any other interested or affected persons within three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY, JUDGE.

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[ True copy]

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P.A. to Judge

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rmm/2/11/2016

Rajendran Nair v. Revenue Divisional Officer

Case brief

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Rajendran Nair v. Revenue Divisional Officer

Case brief

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