Vinodkumar C. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22484 of 2015 (I) ---------------------------- PETITIONER :
--------------------- VINODKUMAR C., AGED 47 YEARS, S/O. K.P. VISWANATHA MENON RESIDING AT KRISHNASREE, MOOLAYIL LANE SASTHAMANGALAM, THIRUVANANTHAPURAM PIN - 695 010.
BY ADVS.SRI.S.SUBHASH CHAND SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD SMT.S.USHAKUMARI RESPONDENT(S) :
---------------------------- 1.
STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE (F) DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
2.
LAND REVENUE COMMISSIONER BOARD OF REVENUE, THIRUVANANTHAPURAM PIN - 695 001.
3.
THE DISTRICT COLLECTOR THIRUVANANTHAPURAM, PIN - 695 001.
4.
THE REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM, PIN - 695 001.
5.
THE TAHSILDAR MINI CIVIL STATION, NEDUMANGAD THIRUVANANTHAPURAM, PIN - 695 541.
6.
THE ADDITIONAL TAHSILDAR MINI CIVIL STATION, NEDUMANGAD THIRUVANANTHAPURAM, PIN - 695 541.
...2/-
WP(C).No. 22484 of 2015 (I) -27. THE VILLAGE OFFICER MANIKKAL VILLAGE OFFICE PIRAPPANCODE P.O., THIRUVANANTHAPURAM, PIN - 695 607.
8.
MANIKKAL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PIRAPPANCODE P.O., THIRUVANANTHAPURAM, PIN - 695 607.
9.
B.S. JAYAKUMARI AGED 42 YEARS, W/O. K.R. MURALEEDHARAN ARAVINDAM, PIRAPPANCODE P.O., NEDUMANGAD, THIRUVANANTHAPURAM PIN - 695 607.
R1 TO R7 BY GOVT. PLEADER SRI. V.K. RAFEEK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...3/-
WP(C).No. 22484 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF SALE DEED NO. 839/2007 DATED 28.3.2007 OF S.R.O., KANIYAKULANGARA ALONG WITH SITE PLAN.
EXT.P2 COPY OF THE LAND TAX RECEIPT DATED 16.4.2014 OF THE VILLAGE OFFICE, MANIKKAL.
EXT.P3 COPY OF NOTICE NO. K2-24288/13 DATED 5.5.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER UNDER SECTION 12 (FORM B) OF THE LAND CONSERVANCY ACT.
EXT.P4 COPY OF JUDGMENT DATED 15.1.2015 IN WP(C) NO. 1504/2015 (K) OF THIS HON'BLE COURT.
EXT.P5 COPY OF THE ORDER NO. K2-24288/13 DATED 15.6.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER UNDER RULE 13A (FORM CC) OF THE LAND CONSERVANCY RULES.
EXT.P6 COPY OF ORDER NO. 38042/F1/2015/REVENUE DATED 19.6.2015 ISSUED BY THE 1ST RESPONDENT.
EXT.P7 COPY OF ORDER NO. 38042/F1/2015/REVENUE DATED 20.7.2015 ISSUED BY THE 1ST RESPONDENT.
EXT.P8 COPY OF OLD SURVEY PLAN.
EXT.P9 COPY OF RE-SURVEY PLAN.
EXT.P10 COPY OF APPEAL DATED 22.7.2015 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.22484 of 2015 - I ====================== Dated this the 24th day of July, 2015
J U D G M E N T
The petitioner had in fact filed an appeal before the wrong authority and though a stay was granted the same was dismissed for lack of jurisdiction. Now the petitioner has filed a proper appeal before the R.D.O as indicated in Ext.P10. The appeal is seen filed on 22.07.2015.
2. In such circumstance, the 4th respondent will have to look at Ext.P10 appeal, however looking at the pendency of such appeals before it, taking up for disposal those appeals filed earlier in point of time first. Since there was an earlier interim order passed, there shall be an interim direction not to evict the petitioner till the appeal is considered.
The writ petition is disposed of.
Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P. A to Judge.