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High Court of KeralaWP(C)/20978/2015disposed of

Xavier v. Land Tribunal Ernakulam

2015-08-03Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 WP(C).No. 20978 of 2015 (V) ---------------------------- PETITIONER(S):

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1. XAVIER, AGED 65 YEARS, S/O PAUL, C.C.1/1389, SOUTH THAMARAPARAMBU, FORTKOCHI, KOCHI-01.

2. LEELA VISWANATHAN, C.C.1/1391, ARACKAL HOUSE, SOUTH THAMARAPARAMBU, KOCHI-01.

BY ADV. SRI.ABRAHAM JOHN.

RESPONDENT(S):

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1. LAND TRIBUNAL, ERNAKULAM, TRIPUNITHURA P.O., ERNAKULAM.

2. VILLAGE OFFICER, FORTKOCHI, KOCHI-01.

BY SENIOR GOVERNMENT PLEADER SRI. BIJU MEENATTOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 20978 of 2015 (V) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXHIBIT P1: A TRUE COPY OF THE JUDGMENT DATED 14.2.2012 PASSED BY THE HIGH COURT OF KERALA IN RSA 232/2011.

EXHIBIT P2 : A TRUE COPPY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE LAND TRIBUNAL DATED 29.4.2015.

EXHIBIT P3: A TRUE COPY OF THE COMMUNICATION ISSUED TO THE 2ND RESPONDENT AT THE INSTANCE OF THE LAND TRIBUNAL DATED 29.4.2005. RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

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

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 20978 of 2015 (V) ------------------------------------------ Dated this the 3rd day of August, 2015

J U D G M E N T

The petitioners are aggrieved with the fact that Ext.P2 has not been considered by the Village Officer. Ext.P3 is, in fact, a communication which is pursuant to an application before the Land Tribunal for a report from the Village Officer.

2.

The learned Government Pleader, on instructions, submits that the petitioners had, by hand, obtained delivery of Ext.P3 from the Land Tribunal and produced it before the 2nd respondent, but, however, had taken it back on the ground that some case is pending. As of now Ext.P3 is not seen in the records of the 2nd respondent, is the specific submission.

W.P.(C) No. 20978/2015 -23.

In such circumstance, if the petitioners produce Ext.P3 communication, then the Village Officer would consider the same.

The Writ Petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj