C.P. VISWAMBHARAN v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-04-01. C.P. VISWAMBHARAN v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE VIJU ABRAHAM ST MONDAY, THE 1 DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 WP(C) NO. 10114 OF 2024 PETITIONERS: 1 C. P. VISWAMBHARAN AGED 62 YEARS S/O. PADMANABHAN, CHENNAPARA,CHITTOOR POST, AGALI, MANNARKKAD TALUK, PALAKKAD, PIN - 678581 2 SHERLY AGED 57 YEARS W/O. C. P. VISWAMBHARAN, CHENNAPARA,CHITTOOR POST, AGALI, MANNARKKAD TALUK, PALAKKAD, PIN - 678581 BY ADVS. T. M. ABDUL LATHEEF VAISHNAV DEV RESPONDENTS: 1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, SECRETARIAT P. O. , THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN - 678001 3 THE REVENUE DIVISIONAL OFFICER THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PALAKKAD, PIN - 679101 4 THE TAHSILDAR TALUK OFFICE, CHITTOOR TALUK, PALAKKAD, PIN - 678581 5 THE VILLAGE OFFICER AGALI VILLAGE OFFICE, PALAKKAD, PIN - 678581 6 KALI S/O.
SIVAN, CHITTOOR, AGALI, PALAKKAD, PIN - 678581 7 CHATHAN S/O. CHINDAN, CHITTOOR, AGALI, PALAKKAD, PIN - 678581 BY ADVS. SHRI. K. P. JAYACHANDRAN, ADDL. ADVOCATE GENERAL() SPL. GP - JAFAR KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01. 04. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 10114 of 2024 : 2 : VIJU ABRAHAM , J. =========================== WP(C) No. 10114 of 2024 ============================ st Dated this the 1 day of April, 2024 J U D G M E N T Petitioners have approached this Court challenging Ext. P4 nd order and also seeking for a direction to the 2 respondent to consider and pass orders on Exts. P5 and P9. 2. Petitioners submit that they are in possession and enjoyment of 6 acres of property which is a garden land and the same was cultivated with pepper, coffee, rubber etc. Petitioners rd submit that by Ext.
P4 order the 3 respondent issued a direction to Tahsildar, Mannarkad to restore the property in respect of the petitioners since the same was in violation of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999. Petitioners submit that Ext. P5 statutory appeal was preferred nd before the 2 respondent, but till date no action has been taken on the same. 3. The learned Government Pleader Revenue upon instructions submitted that, it is true that Ext. P5 appeal is pending nd consideration before the 2 respondent and the property has not been recovered back from the possession of the petitioners. WP(C) No. 10114 of 2024 : 3 : 4. Considering the above facts and circumstances of the case, I am inclined to dispose of the writ petition with a direction to nd the 2 respondent to take up Ext.
P5 appeal preferred by the petitioners and dispose of the same, in accordance with law within an outer limit of three months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioners, respondent Nos. 6 and 7 and any other affected parties. Till a decision is taken as directed above, further proceedings pursuant to Ext. P4 shall be kept in abeyance. The request made by the petitioners in prayer No. 3 is left open. With the above said direction, the writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 10114 of 2024 : 4 : APPENDIX OF WP(C) 10114/2024 PETITIONER EXHIBITS Exhibit P1 : TRUE COPY OF THE PROCEEDINGS OF 3RD RESPONDENT DATED 13. 10. 95 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 1. 10. 2010 Exhibit P3 TRUE COPY OF PERMIT DATED 7. 3. 2000 ISSUED BY DEPUTY DEVELOPMENT OFFICER, RUBBER BOARD Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 30. 8. 2014 IN TLA NO.
773/87 AND 1446/87 Exhibit P5 TRUE COPY OF APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE 2ND RESPONDENT Exhibit P6 TRUE COPY OF POSTAL RECEIPT DATED 15. 6. 2016 Exhibit P7 TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 16. 6. 2016 Exhibit P8 TRUE COPY OF COMPLAINT BEFORE THE 2ND RESPONDENT DATED 25. 2. 2024 Exhibit P9 TRUE COPY OF PURCHASE CERTIFICATE DATED 11. 5. 78.
Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.