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High Court of KeralaWP(C)/33666/2015disposed of

L. Chacko v. The District Collector

2015-11-17Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 33666 of 2015 (G) ---------------------------------------- PETITIONER(S):

----------------------- L. CHACKO, S/O. LUKOSE, THAZHEVILPUTHEN VEEDU, PANACHAVILA, EDAMULAKKAL P.O., ANCHAL, KOLLAM DISTRICT.

BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, KOLLAM - 691 001.

2. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, RESURVEY, KOLLAM - 691 001.

3. THE TALUK SURVEYOR, PUNALUR, KOLLAM DISTRICT - 691 305.

4. THE TAHSILDAR, PUNALUR, KOLLAM DISTRICT - 691 305 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 33666 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1-TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

P2-TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 8524/2015 DATED 18/03/2015. P3-TRUE COPY OF THE W.P(C) NO. 16300/2015 DATED 22/06/2015 OF THIS HON'BLE COURT.

P4-TRUE COPY OF THE LETTER NO. SURVEY 8-14290/2015 DATED 07/09/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

P5-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO RESPONDENTS 1 AND 2 DATED 22/09/2015.

P6-TRUE COPY OF THE COMMUNICATION NO. SURVEY NO.8-14290/2015 DATED 15/10/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P7-TRUE COPY OF THE LETTER NO. CR/F2/12.25/2015 DATED 27/10/2015 ISSUED BY THE SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA DIVISION TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 33666 of 2015 ================== Dated this the 17th day of November, 2015

J U D G M E N T

The petitioner approached the District Collector in a revision under the Land Conservancy Act. This was posted on 25.5.2015 for hearing. The petitioner did not appear on that day. Accordingly, the revision was rejected. The petitioner challenging this order has approached this Court. The petitioner's case is that he was not given a notice. However, as seen from Ext.P4 a notice has been given.

2.

This Court is of the view that the matter shall be heard on merit. Accordingly, Ext.P4 is set aside. The petitioner shall appear before the District Collector on 7.12.2015 at 11 a.m. Appropriate decision shall be taken by the District Collector after hearing the petitioner on the revision. Till the final decision is taken by the District Collector status quo shall be maintained. sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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