The High Court of Kerala quashed an impugned order and directed the Revenue Divisional Officer to take a fresh decision on the petitioner's application within three weeks, relying on its own precedents regarding land revenue matters.
Impugned order quashed; third respondent directed to take fresh decision within three weeks.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 15TH DAY OF NOVEMBER 2017/24TH KARTHIKA, 1939
WP(C).No. 7006 of 2017 (A)
PETITIONER :
AGED 37 YEARS, W/O.JOE PAUL, PUTHANANGADI HOUSE, GURUVAYUR ROAD, KUNNAMKULAM P.O., THALAPILLY TALUK, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENTS:-:
2. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682030.
3. REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM-682001.
4. VILLAGE OFFICER, KARUMALLUR VILLAGE OFFICE, PARUR TALUK, ERNAKULAM DISTRICT-683511.
5. LOCAL LEVEL MONITORING COMMITTEE, KARUMALLOOR VILLAGE, REPRESENTED BY ITS CONVENOR THE AGRICULTURAL OFFICER, KRISHIBHAVAN, KARUMALLOOR, PARUR TALUK, ERNAKULAM DISTRICT-683511.
BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7006 of 2017 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE DOC NO.1779/2006. EXHIBIT P2: TRUE COPY OF THE TAX RECEIPT. EXHIBIT P3: TRUE PHOTOSTAT COPY OF THE PHOTOGRAPH SHOWING THE LIE AND NATURE OF THE PROPERTY. EXHIBIT P4: TRUE COPY OF THE CERTIFICATE DATED 05.12.2016 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE ORDER DATED 13.02.2017.
RESPONDENT(S)' EXHIBITS :
NIL.
//TRUECOPY//
P.A. TO JUDGE
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P.B.SURESH KUMAR, J.
--------------------------------------------
W.P.(C).No.7006 of 2017
--------------------------------------------------------------Dated this the 15th day of November, 2017
J U D G M E N T
The issue raised in the writ petition is covered in favour of the petitioner by the decision of this Court in Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822).
In the circumstances, Ext.P6 order, which is impugned in the writ petition is quashed and the third respondent is directed to take a fresh decision on the application of the petitioner referred to in Ext.P6, in the light of the aforesaid decision as also the decision of this Court in Puthan Purakkal Joseph v. Sub Collector (2015(3) KLT 182). This shall be done within three weeks from the date of receipt of a copy of this judgment.
Sd/- P.B.SURESH KUMAR JUDGE
rsr
2 issues framed by the court
Whether the impugned order dated 13.02.2017 should be quashed and a fresh decision directed on the petitioner's application in light of the aforesaid decisions.
Whether the third respondent is directed to take a fresh decision within three weeks.
Colour shows how this judgement treated each authority
Shivadasan v. Revenue Divisional OfficerFollowed¶36
Shivadasan v. Revenue Divisional Officer (2017(3) KLT 822)
Puthan Purakkal Joseph v. Sub CollectorFollowed¶36
Puthan Purakkal Joseph v. Sub Collector (2015(3) KLT 182)
Kalpana Davis
State of Kerala
District Collector, Ernakulam
Revenue Divisional Officer, Fort Kochi
Village Officer, Karumallur
Local Level Monitoring Committee, Karumalloor
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
