High Court of KeralaWP(C)/9178/2015disposed of

K.N.Gopi v. State Of Kerala

2015-03-23Honourable 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 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 9178 of 2015 (V) ------------------------------------- PETITIONER(S):

---------------------- K.N.GOPI AGED 62 YEARS, S/O.NARAYANAN.

KUDILINGAL CHIRAYIL, NEEDUR, KOTTAYAM DISTRICT. BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF AGRICULTURE GOVERNMENT SECRETARIAT ,THIRUVANANTHAPURAM PIN -695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE (PO), KOTTAYAM, PIN-686 002.

3. THE REVENUE DIVISIONAL OFFICER KOTTAYAM, PIN-686 001.

4. THE VILLAGE OFFICER ONAMTHURUTHU, KOTTAYAM, PIN-686 602.

R BY GOVERNMENT PLEADER SMT. K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AD/

WP(C).No. 9178 of 2015 (V) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 - TRUE COPY OF THE EXTRACT OF THE REVISION PETITION DATED 12- 03-2015 BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 - TRUE COPY OF THE STAY PETITION DATED 12-03-2015 EXHIBIT P3 - TRUE COPY OF THE NOTICE DATED 17-09-2014 EXHIBIT P4 - TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 14-01-2015 EXHIBIT P5 - TRUE COPY OF THE ORDER DATED 25-1-2015 BEARING NO.E-9-1278/2014 EXHIBIT P6 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 23-02-2015 EXHIBIT P7 - TRUE COPY OF THE REPLY DATED 08-01-2015 UNDER THE RIGHT TO INFORMATION ACT, 2005.

EXHIBITP8 - TRUE COPY OF THE BASIC TAX REGISTER OF ONAMTHURUTHU VILLAGE, BLOCK NO.2 EXHIBITP9 - TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER DATED 10-08-2011 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE AD/

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.9178 OF 2015 ......................................................................... Dated this the 23rd March, 2015

J U D G M E N T

Being aggrieved of the order passed by the second respondent/District Collector, invoking the power and procedure under Section 13 of the Act 28 of 2008, whereby restoration of the property was ordered, the petitioner has filed Revision Petition before the first respondent/State under Section 28 of the Act. The prayer is to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well.

3. Considering the limited nature of relief sought for, this Court does not find it necessary to go in to the merits of the case. Accordingly , the writ petition is disposed of directing the first respondent/State to consider and dispose of the revision petition filed by the petitioner, at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent

W.P.(C)No.9178 OF 2015 for further steps. 'Status quo' as on date shall be continued till such time.

P.R.RAMACHANDRA MENON JUDGE lk