Disposed

Mathai Kuriakose v. the Revenue Divsional Officer

Kerala HC8 Oct 2020WP(C)/18472/2020

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition directing the Land Revenue Commissioner to decide a pending statutory revision petition and stay petition within six weeks, staying enforcement of the Collector's order in the interim.

What did the court decide?

The 5th respondent directed to dispose the revision petition and stay petition within six weeks; enforcement deferred pending stay decision.

Mathai Kuriakose Vs the Revenue Divsional Officer — Property and Title | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

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WP(C).No.18472 OF 2020(H)

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PETITIONER/S:

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MATHAI KURIAKOSE, AGED 79 YEARS, S/O KURIAKOSE,CHEMBAKATHINAL, VANNAPPURAM.P.O, PIN-685607.

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BY ADVS. SRI.P.SATHISAN SMT.KRISHNA.G.NATH SMT.DONA AUGUSTINE

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RESPONDENT/S:

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1 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION OFFICE, PAINAVU.P.O, IDUKKI DISTRICT-685603.

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2 THE TAHASILDAR(LR), THODUPUZHA, TALUK OFFICE, THODUPUZHA.P.O, PIN-685584.

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3 THE ADDL TAHASILDAR,THODUPUZHA, TALUK OFFICE,THODUPUZHA.P.O, PIN-685584.

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4 DISTRICT COLLECTOR, COLLECTORATE,KUYILIMALA, PAINAV.P.O, IDUKKI-658603.

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5 THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, REVENUE COMPLEX,MUSEUM.P.O, THIRUVANANTHAPURAM-695033.

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6 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,DEPARTMENT OF REVENUE,SECRETARIAT,PALAYAM.P.O, THIRUVANANTHAPURAM-695001.

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SRI BIMAL K NATH SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18472 OF 2020

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JUDGMENT

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The petitioner contends that challenging Exhibit-P7 order passed by the District Collector, statutory revision petition has been preferred before the 5th respondent under Section 16 of the Land Conservancy Act, 1967. According to the petitioner, though a stay petition was also filed along with, the same has not been taken up for consideration. However, Ext.P9 proceedings have been initiated to enforce the order passed by the District Collector. It is in the aforesaid circumstances that the petitioner has approached this Court seeking a direction to the 5th respondent to take up Exhibit-P8 revision petition and Exhibit-P8(a) stay petition and dispose of the same within a time frame.

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I have heard Sri. P.Sathisan, the learned counsel appearing for the petitioner and Sri. Bimal K. Nath, the learned Senior Government Pleader. It is submitted by the learned Government Pleader on instructions that the revision petition can be taken up and disposed of within an outer limit of six weeks.

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In that view of the matter, this writ petition is disposed of directing the 5th respondent to take up Exhibit-P8 revision petition and Exhibit-P8(a) stay petition and pass orders expeditiously on its merits within a

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WP(C).No.18472 OF 2020

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period of six weeks from the date of receipt of a certified copy of this judgment. Until orders are passed in the stay petition, enforcement proceedings on the basis of Exhibit-P7 shall remain deferred.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C).No.18472 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	TRUE COPY OF THE JUDGMENT IN O.S.77 OF 1970 OF THE MUNSIFF,THODUPUZHA DATED 14.11.1978.
EXHIBIT	P2	TRUE COPY OF THE DECREE IN O.S.77 OF 1970 OF THE MUNSIFF,THODUPUZHA DATED 14.11.1978.
EXHIBIT	P3	TRUE COPY OF THE PATTA NO.300/1995 IN LA NO.295/95 ISSUED BY 2ND RESPONDENT DATED 29.12.1995.
EXHIBIT	P4	TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER,IDUKKI DATED 17.08.2015
EXHIBIT	P5	TRUE COPY OF THE E.P.NO.42 OF 2015 IN O.S.NO.77 OF 1970 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT,THODUPUZHA.
EXHIBIT	P6	TRUE COPY OF THE JUDGMENT IN W.P(C)NO.4374/2016 DATED 05.08.2019.
EXHIBIT	P7	TRUE COPY OF THE IMPUGNED ORDER NO.C8- 4635/19 DATED 30.06.2020 PASSED BY THE 4TH RESPONDENT.
EXHIBIT	P8	TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 27.07.2020.
EXHIBIT	P8(A)	TRUE COPY OF STAY PETITION FILED BY THE PETITIONER ALONG WITH EXT:P8 DATED 27.07.2020.
EXHIBIT	P9	TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT DATED 17.08.2020.
RESPOND	ENT'S/S	EXHIBITS: NIL

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//TRUE COPY// P.A.TO JUDGE

Mathai Kuriakose v. the Revenue Divsional Officer

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Mathai Kuriakose v. the Revenue Divsional Officer

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