High Court of KeralaWP(C)/6461/2015disposed of

Faris P.H. v. The Revenue Divisional Officer

2015-03-02Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 6461 of 2015 (g) --------------------------- PETITIONERS:

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1. FARIS P.H., S/O. HAMEED, PATTAPARAMBIL HOUSE, PANAYAPPILLY, THOPPUMPADY, KOCHI-682 005.

2. JOSEPH FERDINAND REBELLOW, S/O. FRANCIS, PALLEKKATTIL HOUSE, KANNAMALY, KOCHI-682 005.

3. FAREN FEBINSON REBELLOW, S/O. FRANCIS, PALLEKKATTIL HOUSE, KANNAMALY, KOCHI-682 005.

4. T.K.SAKEER HUSSAIN, S/O. T.K.KUNJUMOHAMMED, THURUTHIPPALLY HOUSE, MATTANCHERRY, KOCHI-682 002.

5. ASEEM P.H.,S/O. HAMEED, PATTAPARAMBIL HOUSE, PANAYAPPILLY, THOPPUMPADY, KOCHI-682 005.

BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENTS:

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1. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT, PIN-686 613.

2. THE ADDITIONAL TAHSILDAR, OFFICE OF THE ADDITIONAL TAHSILDAR, DEVIKULAM, IDUKKI DISTRICT, PIN-686 613.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6461 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE RECEIPT FOR PAYMENT OF TAX ISSUED BY THE VILLAGE OFFICER, MARAYUR VILLAGE IN FAVOUR OF 1ST PETITIONER DATED 15-9-2010.

EXHIBIT P1(A)- TRUE COPY OF THE RECEIPT FOR PAYMENT OF TAX ISSUED BY THE VILLAGE OFFICER, MARAYUR VILLAGE IN FAVOUR OF 2ND PETITIONER DATED 15-9-2010.

EXHIBIT P1(B)- TRUE COPY OF THE RECEIPT FOR PAYMENT OF TAX ISSUED BY THE VILLAGE OFFICER, MARAYUR VILLAGE IN FAVOUR OF 3RD PETITIONER DATED 15-9-2010.

EXHIBIT P1(C)- TRUE COPY OF THE RECEIPT FOR PAYMENT OF TAX ISSUED BY THE VILLAGE OFFICER, MARAYUR VILLAGE IN FAVOUR OF 4TH PETITIONER DATED 15-9-2010.

EXHIBIT P1(D)- TRUE COPY OF THE RECEIPT FOR PAYMENT OF TAX ISSUED BY THE VILLAGE OFFICER, MARAYUR VILLAGE IN FAVOUR OF 5TH PETITIONER DATED 15-9-2010.

EXHIBIT P2TRUE COPY OF THE ORDER DATED 31-8-2011 OF THE 2ND RESPONDENT.

EXHIBIT P3- TRUE COPY OF THE APPEAL DATED 8-10-2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT IN WPC NO. 38100 OF 2010.

EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 11-2-2015 IN WPC NO. 38100 OF 2010.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO.JUDGE sts

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.6461 of 2015 ----------------------------------------- Dated this the 2nd day of March, 2015

JUDGMENT

Being aggrieved of Ext.P2 order passed by the second respondent, the petitioner has already moved the first respondent by filing Ext.P3 appeal. The prayer is to cause the same to be considered and finalise it within a reasonable time.

2. Heard the learned Government Pleader as well. After hearing both sides and after going through the materials on record, this Court finds that the grievance projected with regard to cancellation of mutation is pending consideration by way of Ext.P3 appeal, which could be caused to be finalised within a reasonable time. Accordingly, there will be a direction to the first respondent to consider Ext.P3 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, which shall be done at the earliest, at any rate within two months from the date of receipt of a copy of this judgment.

W.P.(C).No.6461 of 2015 The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the first respondent for further steps.

Sd/- P.R.RAMACHANDRA MENON, JUDGE.

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