Kerala High Court
Jacob Zacharia vs State Of Kerala on 27 August, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 17289 OF 2021
PETITIONER:
JACOB ZACHARIA,
AGED 57 YEARS
S/O/.REV.ZACHARIA COR EPISCOPA,
RESIDING AT KADAPRA, MANAR P.O., NIRANAM,
THIRUVALLA-689621, PATHANAMTHITTA DISTRICT.
BY ADV V.RAMKUMAR NAMBIAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI P.O., ERNAKULAM-682001.
BY ADV. SMT.AMMINIKUTTY.K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No.17289 of 2021(I)
2
JUDGMENT
The petitioner has approached this Court with the singular plea that her Ext.P7 application, preferred before the 2nd respondent Revenue Divisional Officer (RDO) under the provisions of Section 28A of the Kerala Stamp Act, be directed to be taken up and disposed of within a time frame to be fixed by this Court.
2. Sri.V.Ramkumar, learned counsel appearing for the petitioner, submitted that his client has been constrained to approach this Court because the application in question had been filed a few months earlier, but no action has been taken thereon by the RDO until now. He, therefore, reiteratingly prayed that the application of the petitioner be directed to be taken up and disposed of within a short time frame, to be specified by this Court.
3. In response, the learned Senior Government Pleader
- Smt.K.Amminikutty, affirmed that if the application of the petitioner is still pending, then there is no legal impediment for the RDO to take up the same and dispose it of within a period of two months. She, however, prayed that this Court may not make any affirmative declarations in favour of the petitioner WPC No.17289 of 2021(I) 3 and leave it to the said authority to take a decision thereon, as per law.
Taking note of the afore submissions, I allow this writ petition and direct the 2nd respondent RDO to take up Ext.P7 application and dispose of the same, after following due procedure and after affording an opportunity of being heard to the petitioner, thus culminating an appropriate order thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a certified copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN, JUDGE ww WPC No.17289 of 2021(I) 4 APPENDIX OF WP(C) 17289/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED DATED 30/07/1994 EXECUTED IN FAVOR OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LATEST TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THRIKKAKARA DATED 05/07/2021.
EXHIBIT P3 TRUE COPY OF THE DESCRIPTION OF THE PROPERTY AFTER EFFECTING MUTATION IN THE NAME OF THE PETITIONER INDICATING THE THANDAPPER ACCOUNT, ISSUED BY THE VILLAGE OFFICER, KAKKANAD DATED 05/04/2019.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION OF THE VILLAGE OFFICER, KAKKANAD DATED 08/11/2019 ISSUED TO THE TAHSILDAR, KANAYANNUR ALONG WITH THE REPORT OF THE VILLAGE OFFICER.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 13/12/2019 ISSUED BY THE TAHSILDAR TO THE SUB COLLECTOR, FORT KOCHI (REVENUE DIVISIONAL OFFICER).
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 20/01/2020 ISSUED BY THE SUB COLLECTOR, FORT KOCHI (SECOND RESPONDENT HEREIN).
EXHIBIT P7 TRUE COPY OF THE COMMON REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS SIGNED BY MR. JACOB ZACHARIA FOR AND ON BEHALF OF ALL OTHERS AS DUTY AUTHORIZED BY THEM DATED 10/03/2021.
EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED 12/03/2021 ISSUED TO JACOB ZACHARIA FOR AND ON BEHALF OF THE PETITIONER AND OTHERS.