Petitioner challenged delay in appeal proceedings under Kerala Land Utilization Order. Court directed 1st respondent to consider delay petition within three weeks and finalize appeal within four months.
Direction to 1st respondent to consider delay petition within 3 weeks and finalize appeal within 4 months.
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 SHAJI P.CHALY
THURSDAY, THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940
WP(C).No. 3615 of 2019
PETITIONER/S:
DIVAKARAN, LAKSHMI BHAVAN, EDAPPALLY VILLAGE, THRIKKAKARA NORTH, ERNAKULAM.
BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.P.MOHANDAS (ERNAKULAM) SRI.SABU PULLAN SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN
RESPONDENT/S:
1 THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM 695 033.
2 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI 682 030.
R1 & R2 BY SRI.MANURAJ.K.J,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3615 of 2019 2
JUDGMENT
Petitioner is the owner of an extent of 93.43 Ares of property situate in Sy.Nos. 196/11, 196/10, 196/8
and 196/7 of Thrikkakara North Village, Kanayannur Taluk, Ernakulam District.
and learned Government Pleader, there will be a direction to the 1st respondent to consider the delay petition within three weeks from the date of receipt of a copy of this judgment, and finalize the appeal proceedings pertaining to Ext.P2, at the earliest and at any rate, within four months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
uu 07.02.2019
WP(C).No. 3615 of 2019 3
APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE ORDER NO.L10 -159258/18 DATED 11.07.2018 PASSED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 27.11.201/(WITHOUT ANNEXURE)
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.LR(A) 1-55542/18 DATED 1.2.2018 ISSUED BY THE FIRST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE PETITION FOR CONDONATION OF DELAY FILED BY THE PETITIONER DATED 07.12.2018
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the Land Revenue Commissioner should be directed to expedite consideration of a pending delay petition and finalize appeal proceedings.
1 provisions across 1 enactments
DIVAKARAN
LAND REVENUE COMMISSIONER, Thiruvananthapuram
DISTRICT COLLECTOR, Kakkanad, Ernakulam
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
