High Court of KeralaWP(C)/12266/2015disposed of

Mohammed Shareef C.T v. The Commissioner,Land Revenue

2015-04-10Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12266 of 2015 (G) ---------------------------- PETITIONER(S):

-------------------------- MOHAMMED SHAREEF C.T., S/O.MUHAMMED, CHAKKANGAL THODIYIL HOUSE, ANANTHAVOOR P.O., THIRUNAVAYA, MALAPPURAM.

BY ADV. SRI.T.G.RAJENDRAN.

RESPONDENT(S):

----------------------------

1. THE COMMISSIONER, LAND REVENUE, LAND REVENUE COMMISSIONER'S OFFICE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 001.

2. REVENUE DIVISIONAL OFFICER, TIRUR-680 581.

3. THE TAHSILDAR, TALUK OFFICE, TIRUR-680 581.

4. THE VILLAGE OFFICER, ANANDAVOOR, MALAPPURAM-676 505.

5. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY SR. GOVT. PLEADER SRI.K.C. VINCENT.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 12266 of 2015 (G) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE POSSESSION CERTIFICATE DATED 30/03/2013. EXT.P2 COPY OF THE SALE DEED DATED 06/02/2013.

EXT.P3 COPY OF THE ORDER OF THE SUB COLLECTOR, PERINTHALMANNA DATED 22/03/1983.

EXT.P4 COPY OF THE CERTIFICATE DATED 26/06/2013 ISSUED BY THE VILLAGE OFFICER, ANANTHAVOOR.

EXT.P5 COPY OF THE CERTIFICATE NO.B3-4225/13 DATED 28/05/2013 ISSUED BY THE SECRETARY, THIRUNAVAYA GRAMA PANCHAYATH. EXT.P6 COPY OF THE PHOTOGRAPHS.

EXT.P7 COPY OF THE NOTICE DATED 24/06/2013 ISSUED BY THE 4TH RESPONDENT.

EXT.P8 COPY OF THE NOTICE SENT BY THE REVENUE DIVISIONAL OFFICER DATED 24/01/2014.

EXT.P9 COPY OF THE ORDER DATED 31/05/2014 ISSUED BY THE REVENUE DIVISIONAL OFFICER, TIRUR.

EXT.P10 COPY OF THE APPEAL DATED 10/07/2014 BEFORE THE LAND REVENUE COMMISSIONER.

EXT.P11 COPY OF THE SAID ORDER DATED 22/08/2014.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 12266 of 2015 ------------------------------------------- Dated this the 10th day of April, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"a) Issue a writ of certiorari calling for the records leading to Ext P7, P8 and P9 orders passed by the 2nd Respondent and quash the original of the same.

b) Issue a writ of mandamus or any appropriate writ order or direction, directing the 2nd Respondent to consider and pass appropriate orders within a time limit as per the direction contained in Ext P11 Order of the 1st respondent.

c) Grant such other reliefs prayed for from time to time including cost of these proceedings."

The learned counsel for the petitioner submits that, the orders passed by the 2nd respondent were sought to be challenged by filing necessary proceedings before the 1st respondent. The 1st respondent considered the matter and passed Ext.P11 order on 22.08.2014, whereby the impugned orders were set aside and the matter was remanded to be considered by the 2nd respondent/RDO in terms of the relevant

WP(c). No.12266 of 2015 provisions of KLU Order. The delay in finalizing the matter made the petitioner to approach this Court by filing this writ petition. 3.

Heard the learned Government Pleader as well. 4.

After hearing both the sides, the writ petition is disposed of, directing the 2nd respondent to reconsider and pass appropriate orders in the pending proceedings as ordered in Ext.P11, in terms of the relevant provisions of KLU Order. It shall be done, after hearing, at the earliest, at any rate, within 'two 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 2nd respondent for further steps.

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