Petitioner sought expeditious disposal of a revision petition against an order passed by the Revenue Divisional Officer. Court directed the 1st Respondent to dispose of the petition within three months.
Directed 1st Respondent to dispose revision petition within 3 months; directed respondents to refrain from coercive proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
WP(C).No.21005 OF 2020(A)
PETITIONER:
JOLLY PAUL S/O. PAUL, AGED 53 YEARS, PUTHUMANA HOUSE, ALAPURAM KARA, ELANJI P. O., ELANJI VILLAGE, MUVATTUPUZHA TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER JOSE SEBASTIAN, S/O. DEVASIA, AGED 60 YEARS, MANNAPARAMBIL @ MATTATHIL HOUSE, NECHIPUZHA KARA, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.ALEXANDER GEORGE
RESPONDENTS:
1 THE DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE OFFICE, KAKKANADU, ERNAKULAM, PIN - 682 030.
5 SHERRY PAUL AGED 50 YEARS
S/O. PAUL, PUTHUMANA HOUSE, ALAPURAM KARA, ELANJI P. O., ELANJI VILLAGE, MUVATTUPUZHA TALUK, PIN - 686 665.
S/O. PAUL, PUTHUMANA HOUSE, ALAPURAM KARA, ELANJI P. O., ELANJI VILLAGE, MUVATTUPUZHA TALUK, PIN - 686 665.
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7 NELSON PAUL AGED 52 YEARS S/O. PAUL, PUTHUMANA HOUSE, ALAPURAM KARA, ELANJI P. O., ELANJI VILLAGE, MUVATTUPUZHA TALUK, PIN - 686 665.
SRI KP HARISH SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Being aggrieved by Ext.P19 order passed by the Revenue Divisional Officer, the petitioner has preferred Ext.P20 revision petition before the 1st respondent under Rule 18(iv) of the Transfer of Registry Rules, 1966. He has approached this Court, seeking expeditious consideration of the revision petition and also for a further direction to the respondents to refrain from proceeding further pursuant to Ext.P19 until final orders are passed in the revision petition.
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Ext.P20 is not being considered.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER DATED 5.3.2017. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE SALE DEED NO.478/2001 EXECUTED BY MR. SHINE PAUL IN FAVOUR OF THE PETITIONER 30.03.2001. |
| EXHIBIT P3 | THE TRUE COPY OF THE SALE DEED NO.2770/1991 EXECUTED BY PAILY PAUL IN FAVOUR OF SHINE PAUL DATED 13.12.1991. |
| EXHIBIT P4 | THE TRUE COPY OF THE GAHAN EXECUTED BY MR. SHINE IN FAVOUR OF THE HOUSING SOCIETY LTD. ON 26.12.1991. |
| EXHIBIT P5 | THE TRUE COPY OF THE SKETCH AND MAHAZER PREPARED BY THE ELANJI VILLAGE OFFICER. |
| EXHIBIT P6 | TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE ELANJI GRAMA PANCHAYATH DATED 17.03.2017. |
| EXHIBIT P7 | TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE ELANJI GRAMA PANCHAYATH DATED 12.04.2019. |
| EXHIBIT P8 | TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE ELANJI VILLAGE OFFICE DATED 15.01.2016. |
| EXHIBIT P9 | TRUE COPY OF THE ENCUMBRANCE CERTIFICATE IN RESPECT OF THE PETITIONER'S PROPERTY. |
| EXHIBIT P10 | THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE FOURTH RESPONDENT DATED 12.04.2019. |
| EXHIBIT P11 | TRUE COPY OF THE INJUNCTION ORDER PASSED IN I.A.907/2017 IN OS 134/2017 BY MUNSIFF COURT. |
| EXHIBIT P12 | THE TRUE COPY OF THE ORDER PASSED I.A.1340/2019 IN OS 218/2019 DATED 21.05.2019. |
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EXHIBIT P13 THE TRUE COPY OF THE COMPLAINT FILED BY THE PARTY RESPONDENTS DATED 1.5.2018 BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.
EXHIBIT P14 THE TRUE COPY OF THE COMPLAINT DATED 14.06.2018 FILED BY THE 5TH RESPONDENT BEFORE RDO.
EXHIBIT P15 THE TRUE COPY OF THE COUNTER FILED BY THE REVISION PETITIONER IN A-12-3185/2018 BEFORE THE RDO. EXHIBIT P16 THE TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT IN A-12-3185/2018 DATED 2.2.2019. EXHIBIT P17 THE TRUE COPY OF THE APPEAL NO.A37409/2018 DATED 18.12.2018 FILED BY THE PARTY RESPONDENTS.
EXHIBIT P18 THE TRUE COPY OF THE COUNTER AND ADDITIONAL COUNTER FILED BY THE PETITIONER.
EXHIBIT P19 THE TRUE COPY OF THE ORDER PASSED ON 14.11.2019 IN A5-7408/2018 BY THE 2ND RESPONDENT.
EXHIBIT P20 THE TRUE COPY OF THE REVISION PETITION NO.DCEKM/4317/2020-L11 PENDING BEFORE THE FIRST RESPONDENT.
RESPONDENTS' EXHIBITS:
2 issues framed by the court
Whether writ court can direct the Revenue Divisional Officer to dispose of a revision petition pending before him within three months?
Whether respondents are restrained from initiating coercive proceedings on the impugned order pending disposal of the revision petition?
JOLLY PAUL S/O. PAUL
THE DISTRICT COLLECTOR ERNAKULAM
THE REVENUE DIVISION OFFICER MUVATTUPUZHA
THE TAHASILDAR MUVATTUPUZHA
THE VILLAGE OFFICER ELANJI P.O.
SHERRY PAUL
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
