Allowed

Anandan v. the District Collector

Kerala HC11 Sept 2023WP(C)/11890/2023

Case brief

AI extract

What is this about?

The Court allowed a writ petition and set aside a Revenue Operations Report Certificate containing questionable endorsements. The petitioner was directed for a fresh certificate devoid of said endorsements within one month, considering a prior relevant judgment.

What did the court decide?

Ext.P2 set aside; direction to issue fresh Certificate without endorsements within one month; advertiser to Ext.P3.

Anandan Vs the District Collector — Pension and Retirement Benefits | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 11^TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945

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WP(C) NO. 11890 OF 2023

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PETITIONER:

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ANANDAN, AGED 64 YEARS, S/O KOCHUKANNAPPAN,NAVANEETHAM HOUSE,VAZHUR,LOKAMALESWARAM VILLAGE,KODUNGALLUR TALUK,THRISSUR DISTRICT., PIN - 680664

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BY ADVS. K.S.RAJESH M.SHAJU PURUSHOTHAMAN M.K.FAISAL

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR,CIVIL STATION,AYYANTHOLE THRISSUR, PIN - 680003

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2 THETAHSILDAR(BHOOREKHA),TALUK OFFICE, CHEMBUKKAVU, THRISSUR, PIN - 680020

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3 THE VILLAGE OFFICER NO.23, THRISSUR VILLAGE OFFICE, THRISSUR, PIN - 680020

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11890 OF 2023

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JUDGMENT

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The petitioner impugns the endorsements in Ext.P2 with respect to certain cases and says that this is unnecessary and impermissible on account of Ext.P3 judgment of this Court, which was delivered as early as on 07.04.2020. He, therefore, prays that Ext.P2, to the extent impugned, be set aside; and the Competent Authorities be directed to issue him an extract of the “Thandaper Account”, without the endorsements presently found therein.

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In response to the afore submissions of Sri.K.S. Rajesh – learned counsel for the petitioner, the learned Government Pleader – Sri. Sunil Kumar Kuriakose, asserted that Ext.P2 is irreproachable because it only records the cases that are pending against the petitioner, as is mandatorily required. He, however, conceded that it does not appear that Ext.P2 was issued with advertance to Ext.P3 judgment; and therefore, prayed that if this Court is so inclined, the Competent Authority be allowed to reconsider the matter and to issue a fresh Certificate in terms of law. He assured that while doing so, the said Authority will advert to Ext.P3 in its proper perspective and will also hear the petitioner.

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WP(C) NO. 11890 OF 2023

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I am without doubt that the afore suggestion of the learned Government Pleader is the best available to the petitioner, in the given circumstances.

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In the afore perspective, I allow this Writ Petition and set aside Ext.P2; with a consequential direction to the 3^rd respondent – Village Officer, to reconsider the claim of the petitioner for issuance of Certificate of “Thandaper Extract”, without the endorsements now presently found in Ext.P2, after affording him an opportunity of being heard and adverting specifically to Ext.P3 judgment of this Court. This shall be done as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

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I make it reiteratingly clear that final decision in this regard shall be taken by the 3^rd respondent – Village Officer in consonance with all relevant aspects; and that if the petitioner is found entitled to be given a certificate dehors the endorsements now available in Ext.P2, same shall be done without any avoidable delay.

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Sd/-DEVAN RAMACHANDRAN, JUDGE

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lsn

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WP(C) NO. 11890 OF 2023

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APPENDIX OF WP(C) 11890/2023

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 13.5.2022 ISSUED BY THE 3RD RESPONDENT OF PETITIONER'S PROPERTY Exhibit P2 A TRUE COPY THE ROR CERTIFICATE DATED 26.3.2022 ISSUE BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE ORDER DATED 7.4.2021 PASSED BY THIS HNOURABLE COURT IN CRL.REV.PET 311/2020 AND CONNECTED CASES

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Anandan v. the District Collector

Case brief

What is this about?

What did the court decide?

Anandan v. the District Collector

Case brief

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