The Court directed the Revenue Divisional Officer to dispose of a land appeal under the Kerala Land Conservancy Act within two months. Status quo was maintained pending the decision.
Direction to Revenue Divisional Officer to dispose appeal within two months after notice; status quo maintained.
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 HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937
WP(C).No. 38730 of 2015 (M)
PETITIONER(S):
1. SUNITHA, AGED 36 YEARS, D/O.SASIDHARAN NAIR, REVATHI BHAVAN (SASI NIVAS), PADIKULAM, PULIMATH VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.
2. SASIDHARAN NAIR, SASI NIVAS, NEDUMPURATHU, PEDIKULAM, PULIMATH VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.K.SIJU
SMT.S.SEETHA
RESPONDENT(S):
1. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM-695001.
2. THE TAHSILDAR, CHIRAYINKEEZHU TALUK, ATTINGAL P.O., THIRUVANANTHAPURAM-695101.
3. PULIMATH GRAMA PANCHAYAT,
4. K.S.VISWALATHA,
5. S.MADHU, MADHAVAM,
6. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY-695001.
R1,2 & 6 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R3 BY ADV. SRI.A.KRISHNAN R4&5 BY ADVS. SRI.M.RAMASWAMY PILLAI
SMT.PREETHY R. NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 38730 of 2015 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P2: THE COPY OF APPEAL MEMORANDUM FAILED U/S.16 OF THE KERALA LAND CONSERVANCY ACT.
EXT.P6: THE COPY OF ORDER PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT DATED 04.11.2015.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
***************************************************************************** W.P.(C) No.38730 of 2015
****************************************************************************** Dated this the 3rd day of February, 2016
JUDGMENT
Petitioners, aggrieved by an order of the Additional
Tahsildar, Chirayinkeezhu, produced as Ext.P1, preferred an
appeal before the District Collector as per Ext.P2. It appears that
the appeal is filed under the Land Conservancy Act and the District Collector has transmitted the appeal to the Revenue Divisional Officer.
In that view of the matter, there shall be a direction to the Revenue Divisional Officer, Thiruvananthapuram to dispose the appeal within two months after issuing notice to the petitioners and the party respondents. Till a decision is taken in this matter, status quo shall be maintained.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the appeal filed under the Kerala Land Conservancy Act must be disposed of by the Revenue Divisional Officer within two months.
1 provisions across 1 enactments
SUNITHA
SASIDHARAN NAIR
THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM
THE TAHSILDAR, CHIRAYINKEEZHU TALUK, ATTINGAL P.O.
PULIMATH GRAMA PANCHAYAT
K.S.VISWALATHA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
