Allowed

Shajan.K. v. State of Kerala

Kerala HC15 Jul 2024WP(C)/22477/2024

Case brief

AI extract

What is this about?

Petitioner challenged a Tahsildar's survey report and plan; his appeal was returned as filed before the wrong authority. Relying on G.O.(Ms)No.303/2017/Revenue delegating appellate power to the Revenue Divisional Officer, the court directed the RDO to decide the appeal and delay condonation petition within three months, keeping the Panchayat notice in abeyance meanwhile.

What did the court decide?

RDO directed to dispose of Ext.P12 appeal and Ext.P13 delay condonation application within three months; Ext.P6 Panchayat notice kept in abeyance till then.

Shajan.K. Vs State of Kerala — Property and Title | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 22477 OF 2024

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PETITIONER:

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SHAJAN.K.
AGED 53 YEARS
S/O LATE KOCHUMMEN, OTTATHENGHIL HOUSE,
CHENITHALA (P.O.), KIZHAKKEVAZHIMURI,
MAVELIKARA, ALAPPUZHA, PIN – 689105

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BY ADV.SRI. K.RAJESH KANNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001

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2 THE DISTRICT COLLECTOR, ALAPPUZHA CIVIL STATION WARD, ALAPPUZHA DISTRICT, PIN – 688001

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3 THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA CHENGANNUR, ALAPPUZHA DISTRICT, PIN – 689121

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4 THE TAHSILDAR (L.R.) TALUK OFFICE, MAVELIKKARA TALUK, MAVELIKKARA, ALAPPUZHA, PIN – 690101

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5 DISTRICT SURVEY SUPERINTENDENT OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION, ALAPPUZHA, PIN – 688001

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6 THRIPPERUMTHURA GRAMA PANCHAYAT THRIPPERUMTHURA, CHENNITHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 690105

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: 2 :

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WP(C)No.22477//2024

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7 JOHNSON VARGHESE S/O GEEVARGHESE, OTTATHENGIL HOUSE, KIZHAKKEVAZHI, CHENNITHALA P.O., ALAPPUZHA DISTRICT, PIN – 690105

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OTHER PRESENT:

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ADV.SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

WP(C)No.22477//2024

: 3 :

JUDGMENT

The petitioner challenged Ext.P5 report and plan of the Tahsildar (L.R.) before the 5^th respondent under Section 11 of the Kerala Survey and Boundaries Act, 1961 read with Rule 39 of the Survey and Boundaries Rules, 1964. However, the 5^th respondent issued Exhibit P11 communication stating that it is the 3^rd respondent who is the competent authority. Thereafter, the petitioner preferred Ext.P12 appeal before the 3^rd respondent along with Ext. P13 petition to condone the delay. This writ petition has been filed to give a direction to the 5^th respondent to take up Ext.P7 appeal filed by the petitioner and dispose of it on merits.

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Heard Sri.K.Rajesh Kannan, the learned counsel for the petitioner and Smt. Vidya Kuriakose, the learned Government Pleader.

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The learned Government Pleader produced before me copy of G.O.(Ms)No.303/2017/Revenue dated 26.08.2017. As per the said G.O., Revenue Divisional Officer has been delegated with the power to hear the appeal against the order passed by the Tahsildar (L.R). Hence the 3^rd respondent is directed to dispose of

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WP(C)No.22477//2024 : 4 :

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Ext.P12 appeal as well as Ext.P13 delay condonation application

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within a period of three months from today.

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Till Ext. P12 and Ext.P13 are disposed of, Ext.P6 notice

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issued by the 6^th respondent Panchayat shall be kept in abeyance.

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The writ petition is allowed as above.

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Sd/-

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SLR

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DR. KAUSER EDAPPAGATH JUDGE

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WP(C)No.22477//2024

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: 5 :

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APPENDIX OF WP(C) 22477/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE WILL NO.2/111/2009
DATED 3.1.2009 EXECUTED BY THE FATHER
OF PETITIONER

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Exhibit P2TRUE COPY OF THE LAND TAX RECEIPT NO
KL04060606284/2020 DATED 16.12.2020
ISSUED TO THE PETITIONER FROM VILLAGE
OFFICE THRIPPERUMTHURA

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Exhibit P3TRUE COPY OF THE JUDGMENT DATED
10.11.2022 IN W.P.(C) NO.31895/2022 OF
THE HON'BLE HIGH COURT OF KERALA

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Exhibit P4TRUE COPY OF THE JUDGMENT DATED
29.5.2023 IN W.P.(C) NO.10187/2023 OF
THE HON'BLE HIGH COURT OF KERALA

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Exhibit P5TRUE COPY OF THE REPORT AND PLAN
SERVED ON THE PETITIONER'S MOTHER BY
THE 4TH RESPONDENT

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Exhibit P6TRUE COPY OF THE NOTICE NO.400447/AMLD
20/GPO/2023/1431/(10) DATED 4.5.2024
ISSUED BY 6TH RESPONDENT TO THE
PETITIONER

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Exhibit P7TRUE COPY OF THE APPEAL DATED
14.5.2024 FILED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT

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Exhibit P8TRUE COPY OF THE PETITION DATED
14.5.2024 TO CONDONE THE DELAY OF 70
DAYS FILED BY THE PETITIONER BEFORE
THE 5TH RESPONDENT

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Exhibit P9TRUE COPY OF THE RECEIPT NO: 1572/2024
DATED 15.05.2024 ISSUED BY THE 5TH
RESPONDENT

¶49

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Exhibit P10TRUE COPY OF THE COMMUNICATION
NO.TOMVL/1675/2023-C3DATED
23.5.2024 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER

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Exhibit P11TRUE COPY OF THE COMMUNICATION
NO.E6(E1A)-1572/24 DATED 10.6.2024
ISSUED BY 5TH RESPONDENT TO THE
PETITIONER

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Exhibit P12TRUE COPY OF THE APPEAL DATED
18.6.2024 FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT

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Exhibit P13TRUE COPY OF THE PETITION DATED
18.6.2024 FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT TO CONDONE
THE DELAY OF 104 DAYS IN FILING
EXHIBIT-P12 APPEAL

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Exhibit P14TRUE COPY OF THE RECEIPT DATED
18.6.2024 ISSUED FROM THE OFFICE OF
3RD RESPONDENT TO THE PETITIONER

Shajan.K. v. State of Kerala

Case brief

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Shajan.K. v. State of Kerala

Case brief

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