High Court of KeralaWP(C)/2191/2015disposed of

Sci Madhya Kerala Diocese v. State Of Kerala

2015-01-21Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 2191 of 2015 (Y) -------------------------------------- PETITIONER(S):

---------------------- CSI MADHYA KERALA DIOCESE, CSI DIOCESAN OFFICE, BISHOP GILL MEMORIAL BUILDING CATHEDRAL ROAD, KOTTAYAM REPRESENTED BY ITS TREASURER AND POWER OF ATTORNEY HOLDER REV.DR.SABU K.CHERIYAN, AGED 53 YEARS. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S):

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1. STATE OF KERALA REPRESENETED BY SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR, PATHANAMTHITTA -689645.

3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER PATHANMTHITTA 689645.

4. THE TAHSILDAR, TALUK OFFICE RANNI, PATHANAMTHITTA-689672.

5. THE VILLAGE OFFICER, ANGADI, RANNI, PATHANAMTHITTA 689674.

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 2191 of 2015 (Y) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1:

TRUE COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF REV. DR. SABU K.CHERIYAN EXT P2:

TRUE COPY OF THE NOTICE DATED 03.12.2014 ISSUED BY THE 4TH RESPONDENT EXT P3:

TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT ACCEPTING THE PATTOM AMOUNT FOR 2012-13 AND 2013-14 EXT P4:

TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT ACCEPTING THE PATTTOM AMOUNT FOR 2014-15 EXT P5:

TRUE COPY OF THE OBJECTION DATED 17.1.2015 SUBMITTED ON 19.01.2015 EXT P6:

TRUE COPY OF THE PHOTOGRAPH SHOWING THE STACKING OF SURVEY STONES.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.2191 of 2015 --------------------------------------- Dated this the 21st day of January, 2015

JUDGMENT

The petitioner has been served with Ext.P2 notice dated 03.12.2014 by the 4th respondent referring to a decision to take back the property, which was given to the petitioner on yearly lease in the year 2004, for not having sought to renew the lease and further that the entire property forming the subject matter of lease was not put in use for the purpose it was given. The learned counsel for the petitioner points out that a detailed explanation has been submitted by way of Ext.P5. But before considering the same, coercive steps are pursued to dispossess the petitioner, which made the petitioner to approach this Court by filing this writ petition.

2. Heard the learned Government Pleader as well.

3. After hearing both the sides, the writ petition is disposed of, directing the 4th respondent to consider and pass final orders pursuant to Exts.P2 and P5, after affording an opportunity of hearing to the petitioner, in accordance with law, at the earliest,

W.P.(C) No.2191 of 2015 at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

'Status quo' shall be maintained till such time. Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 4th respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp