Allowed

P.V. Raghavan, v. Addl. Tahsildar

Kerala HC8 Feb 2019WP(C)/3768/2019

Case brief

AI extract

What is this about?

Writ petition directed the Revenue Divisional Officer to dispose of a pending appeal against a fine under the Kerala Land Conservancy Act within three months and suspended all recovery measures for the fine period, pending the final order. Only the impugned order approved.

What did the court decide?

The 3rd respondent RDO directed to dispose of the appeal within three months; enforcement of recovery orders suspended until final order.

P.V. Raghavan, Vs Addl. Tahsildar — Land Acquisition | Kerala HC (2019)

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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 ALEXANDER THOMAS

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FRIDAY, THE 8TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940

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WP(C).No. 3768 of 2019

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PETITIONER:

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P.V. RAGHAVAN,

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S/O KUNHIRAMAN, AGED 78 YEATRS, RETD TEACHER, RESIDING AT VACHALI SADAN, PATTIAM AMSOM DESOM, P.O. PATHAYAKKUNNU, THALASSERY TALUK, KANNUR DISTRICT-670691.

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BY ADVS.

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SRI.K.P.HAREENDRAN & SRI.PRAJIT RATNAKARAN

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RESPONDENTS:

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1 ADDL. TAHSILDAR, THALASSERY, TALUK OFFICE, P.O. THALASSERY, THALASSERY TALUK, KANNUR DISTRICT-670101.

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2 TAHSILDAR, THALASSERY, TALUK OFFICE, P.O. THALASSERY, THALASSERY TALUK, KANNUR DISTRICT-670101.

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3 REVENUE DIVISIONAL OFFICER, THALASSERY, REVENUE DIVISIONAL OFFICE, P.O. THALASSERY, THALASSERY TALUK, KANNUR DISTRICT-670101.

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4 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR DISTRICT-670001.

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SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C)No.3768 of 2019

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Dated this the 8^th day of February, 2019

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows. "

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i. Issue a writ mandamus directing 3^rd respondent Revenue Divisional Officer, Thalassery to dispose of the appeal filed by the petitioner within time limit.

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ii. To stop all recovery measures for recovering Rs.22800/towards fine imposed to petitioner till the appeal before the Revenue Divisional officer, Thalassery is finally disposed off.

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iii.Issue such other order as are deem fit and proper in the circumstances of the case. "

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Heard Sri.K.P.Hareendran, learned counsel appearing

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for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the official respondents 1 to 4.

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Aggrieved by Ext.P-1 order dated 7.10.2011 issued by the 1^st respondent Additional Tahsildar imposing fine amount mentioned therein for alleged violation of the provisions like the Kerala Land Conservancy Act, the petitioner has preferred Ext.P-2 appeal dated 29.10.2011 before the 3^rd respondent RDO, Thalassery. Now when the appeal is pending , the petitioner is confronted with Ext.P-4 consequential order dated 24.11.2018

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..3..

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W.P.(C).No.3768/2019

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issued by the respondents 1 and 2 for implementation and enforcement of Ext.P-1 impugned order which is now pending in appeal.

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Having regard to the facts and circumstances of this case, it is ordered that the 3^rd respondent RDO will immediately take up the request made by the petitioner in Ext.P-2 appeal and after affording reasonable opportunity of being heard to the petitioner, will pass considered orders thereon, disposing the appeal without much delay preferably within a period of 3 months from the date of production of a certified copy of this judgment. Until final orders are passed in Ext.P-2 appeal by the 3^rd respondent RDO, it is ordered that the enforcement of Exts.P-1 & P-4 will remain under suspension.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

MMG

W.P.(C).No.3768/2019

..4..

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 COPY OF THE ORDER DATED 7.10.2011 OF THE ADDITIONAL TAHASILDAR, THALASSERY EXHIBIT P2 COPY OF THE APPEAL MEMORANDUM EXHIBIT P3 ACKNOWLEDGEMENT RECEIPT OF THE APPEAL, ISSUED BY REVENUE DIVISIONAL OFFICER EXHIBIT P4 THE NOTICE DATED 24.11.2018 ISSUED TO THE PETITIONER BY TAHASILDAR REVENUE

P.V. Raghavan, v. Addl. Tahsildar

Case brief

What is this about?

What did the court decide?

P.V. Raghavan, v. Addl. Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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