High Court of KeralaWP(C)/21604/2013disposed of

Dharmapalan.N v. Travancore Devaswom Board

2015-03-04Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.N.Ravindran7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 21604 of 2013 (A) ---------------------------- PETITIONER(S):

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1. DHARMAPALAN.N, AGED 73 YEARS S/O.NARAYANAN, KUNNUMPURATH VEEDU, MELATTINGAL DESOM KEEZHATTINGAL VILLAGE, PIN 695 101 NOW RESIDING AT SURESH BHAVAN, NERIYAMANGALAM P.O ERNAKULAM DISTRICT, PIN 686 693

2. SATHIAMMA R, AGED 62 YEARS W/O.LATE RAVEENDRAN, KUZHUVILA VEEDU PATLA, VANCHIYOOR P.O, ATTINGAL THIRUVANANTHAPURAM 695 102

3. RAJANEESH N.R, AGED 29 YEARS S/O.LATE RAVEENDRAN, KUZHUVILA VEEDU, PATLA VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM 695 102

4. JYOTHISH N.R, AGED 24 YEARS S/O.LATE RAVEENDRAN, KUZHUVILA VEEDU, PATLA VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM 695 102

5. SURENDRAN.N, AGED 70 YEARS S/O.NARAYANAN, KUNNUMPURATH VEEDU, MELATTINGAL DESOM KEEZHATTINGAL VILLAGE, PIN 695 101 NOW RESIDING AT DOOR NO 180, 2ND MAIN, 3RD CROSS BALAJI LAY OUT, VIDHYARANYAPURAM P.O, BANGALORE 97

6. HAREENDRAN.N, AGED 64 YEARS S/O.NARAYANAN, KUNNUMPURATH VEEDU, MELATTINGAL DESOM KEEZHATTINGAL VILLAGE, PIN 695 101 NOW RESIDING AT HARI SUBHAM, KANDAKARNAN VELY KARITHARAM P.O, NORTH PARAVOOR, ERNAKULAM 683519

7. BHUVANENDRAN AGED 58 YEARS S/O.NARAYANAN, KUNNUMPURATH VEEDU, MELATTINGAL DESOM KEEZHATTINGAL VILLAGE, PIN 695 101 NOW RESIDING AT AMBADI KALLOORKONAM, PERUNKULAM P.O ALENCODE VIA, ATTINGAL 695 102 BY ADVS.SRI.M.R.ANISON SMT.T.B.REMANI SMT.K.P.GEETHA MANI SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

RESPONDENT(S):

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1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS COMMISSIONER, NANTHANCODE THIRUVANANTHAPURAM 695 003

2. THE SPECIAL TAHSILDAR TRAVANCORE DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAPURAM 690 503

3. KOYIKKAL PALLIYARAKAVU BHAGAVATHI KSHETROPADESAKA SAMITHI, KAVALYAOOR P.O, PERUMKULAM, AMBALATHUMPANA ALAMCODE 695102 REPRESENTED BY ITS SECRETARY P.RAGHUVARAN PILLAI, S.O.KAMALASANAN PILLAI AGED 53 YEARS, RAJENDRA BHAVANAM, VALAVOORKONAM, PALAMKONAM PERUMKULAM P.O *4. THE REVENUE DIVISIONAL OFFICER, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043 (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 8.11.2013 IN I.A.NO.14776 OF 2013) BY SR.GOVERNMENT PLEADER SRI.A.RENJITH R1,R2 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD R3 BY ADV. SRI.T.M.ABDUL LATHEEF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.21604/2013 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : COPY OF THE PARTITION DEED NO.152/74 OF SRO KADAKKAVUR DTED 30.1.1974 EXT.P2 : COPY OF THE TAX RECEIPT IN FAVOUR OF 1ST PETITIONER DTD 27.6.2005 EXT.P3 : COPY OF THE TAX RECEIPT IN FAVOUR OF LATE RAVEENDRAN DTD 27.7.2005 EXT.P4 : COPY OF THE TAX RECEIPT IN FAVOUR OF 5TH PETITIONER DTD 27.6.2005 EXT.P5 : COPY OF THE TAX RECEIPT IN FAVOUR OF 6TH PETITIONER DTD 27.6.2005 EXT.P6 : COPY OF THE TAX RECEIPT IN FAVOUR OF 7TH PETITIONER DTD 27.6.2005 EXT.P7 : COPY OF THE TAX RECEIPT IN FAVOUR OF 1ST PETITIONER DTD 4.3.2013 EXT.P8 : COPY OF THE TAX RECEIPT IN FAVOUR OF LATE RAVEENDRAN DTD 4.3.2013 EXT.P9 : COPY OF THE TAX RECEIPT IN FAVOUR OF 5TH PETITIONER DTD 4.3.2013 EXT.P10 : COPY OF THE TAX RECEIPT IN FAVOUR OF 6TH PETITIONER DTD 4.3.2013 EXT.P11 : COPY OF THE TAX RECEIPT IN FAVOUR OF 7TH PETITIONER DTD 4.3.2013 EXT.

P12 : COPY OF PROCEEDINGS ISSUED BY THE RE-SURVEY SUPERINTENDENT, ATTINGAL DTD 13.5.2005 EXT.P13 : COPY OF TAX RECEIPT IN FAVOUR OF LATE NARAYANAN DTD 3.5.1957 EXT.P14 : COPY OF TAX RECEIPT IN FAVOUR OF LATE NARAYANAN'S CHILDREN DTD 18.1.2005 EXT.P15 : COPY OF JUDGMENT DTD 3.4.2013 IN OS NO.289/2009 OF MUNSIFF COURT, ATTINGAL EXT.P16 : COPY OF DECREE DTD 3.4.2013 IN OS NO.289/2009 OF MUNSIFF COURT, ATTINGAL EXT.

COPY OF JUDGMENT DTD 17.10.2012 IN W.P.(c) No.17970/2012 EXT.P18 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD 1.7.2013 AGAINST 1ST PETITIONER EXT.P19 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD 1.7.2013 AGAINST LATE RAVEENDRAN EXT.P20 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD 1.7.2013 AGAINST 5TH PETITIONER EXT.P21 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD 1.7.2013 AGAINST 6TH PETITIONER EXT.P22 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD 1.7.2013 AGAINST 5TH PETITIONER

PETITIONER'S EXHIBITS:

EXT.P23 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD 1.7.2013 JOINTLY AGAINST 5TH & 6TH PETITIONER EXT.P24 :

COPY OF LETTER ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT DTD 25.2.2013 EXT.P25 :

COPY OF THE APPEAL DTD 7.10.2013 FILED BEFORE THE RDO THIRUVANANTHAPURAM EXCLUDING ANNEXURES EXT.P26 :

COPY OF THE SALE DEED NO.2211/1122 ME OF SRO KOLLAM DTD 4.12.1946 EXT.P27 : COPY OF ENCUMBRANCE CERTIFICATE OBTAINED BY THE 7TH PETITIONER FOR THE PERIOD FROM 1946 TO 1962 EXT.P28 : COPY OF ENCUMBRANCE CERTIFICATE OBTAINED BY THE 7TH PETITIONER FOR THE PERIOD FROM 1962 TO 2013 EXT.P29 : COPY OF THE RELEVANT PAGES OF THANDAPER REGISTERS IN RESPECT OF THE PROPERTY RESPONDENT'S EXHIBITS:

EXT.R3(A) :

COPY OF THE DOCUMENT NO.2211 OF 1122 DTD 28TH KUMBOM 1122 WITH READABLE COPY OF THE SAME //TRUE COPY// P.S. TO JUDGE vps

P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.

--------------------------- W.P.(C) No.21604 of 2013 -------------------------- Dated this the 4th day of March, 2015

J U D G M E N T

P.N.Ravindran, J.

Petitioners 1, 5, 6 and 7, who are the children of late Narayanan and petitioners 2 to 4, who are the legal heirs of late Narayanan's deceased son Raveendran, have filed this writ petition mainly challenging Exts.P18 to P23 orders issued by the second respondent Special Tahsildar under the Kerala Land Conservancy Act, 1957 calling upon them to surrender possession of different parcels of land. It is not in dispute that challenging the very same order the petitioners have, after the instant writ petition was filed, filed Ext.P25 appeal memorandum dated 7.10.2013 before the Revenue Divisional Officer, Thiruvananthapuram. The said appeal is even today pending. Such being the situation, we are of the opinion that the petitioners should pursue Ext.P25 appeal instead of seeking the intervention of this Court at this stage.

In such circumstances, leaving open the contentions of both sides, we dispose of the writ petition with a direction to the Revenue Divisional Officer, Thiruvananthapuram, where Ext.P25 appeal produced along with the affidavit filed in support of I.A.No.14776 of

W.P.(C) No.21604/2013 2013 is pending, to hear and dispose of the said appeal expeditiously and in any event within two months from the date of receipt of a copy of this judgment after affording the petitioners the Travancore Devaswom Board and the Kshethropadesaka Samithi (the third respondent in the instant writ petition) an opportunity of being heard. Until such time as orders are passed by the Revenue Divisional Officer on Ext.P25 appeal, further proceedings pursuant to Exts.P18 to P23 orders passed by the Special Tahsildar shall be kept in abeyance. The Revenue Divisional Officer shall after orders are passed on the appeal, communicate copies thereof to all the parties. P.N.RAVINDRAN, (JUDGE) ANIL K.NARENDRAN, (JUDGE) vps