Kerala High Court
Sreejith Madanamohanan Nair vs State Of Kerala on 27 June, 2024
WP(C) No.34888/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 27th day of June 2024 / 6th Ashadha, 1946
WP(C) NO. 34888 OF 2023 (I)
PETITIONER:
SREEJITH MADANAMOHANAN NAIR, AGED 36 YEARS, S/O. LATE MADANAMOHANAN
NAIR, V.R VELOORETHU SREEBHAVAN THADIYOOR P.O, THELLIYOOR,
PATHANAMTHITTA, PIN - 689 545.
RESPONDENTS:
1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT P.O., THIRUVANANTHAPURAM, PIN - 695 001.
2. DISTRICT COLLECTOR, PATHANAMATHITTA, PIN - 689 545.
3. REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA, PIN - 689
545.
4. VILAGE OFFICER, THELLIYOOR, THELLIYOOR, PATHANAMTHITTA, PIN - 689
545.
5. TALUK SURVEYOR, THELLIYOOR, PATHANAMTHITTA , PIN - 689 545.
6. TAHSILDHAR (LR), MALLAPPALLY, THELLIYOOR, PATHANAMTHITTA, PIN - 689
545.
7. SECRETARY, EZHUMATTOOR GRAMA PANCHYAT, THELLIYOOR P.O.
PATHANAMTHITTA, PIN - 689 544.
8. OMBUDSMAN, LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT P.O.,
THIRUVANANTHAPURAM, PIN - 695 001.
9. N/O. NARAYANAN ASAN, THOTTAVALLIL HOUSE, KANJITTAKARA MURI AYROOR
RANNI PATHANAMTHITTA,
10. THOTTAVALLIL FAMILY TRUST, REPRESENTED BY ITS PRESIDENT, RAMACHANDRA
KURUP, KANJEETTUKARA P.O., AYROOR SOUTH, PIN - 689 616.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P4 and also to direct the 4th
respondent not to accept land tax based upon Ext.P4 proceeding in respect
of 5 cents of property in Sy.No.332/10 of Theliyoor Village in the
possession of the petitioner wherein they are conducting hotel business
under the name Kaveri hotel till the final disposal of this W.P.(C).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S T.M.ABDUL LATHEEF, NITHIN A.R, Advocates for the petitioner,
GOVERNMENT PLEADER for the respondents 1 to 6, SRI.VINOD KUMAR P, Advocate
for the 7th respondent and of M/S M.V.S.NAMPOOTHIRY, ASWATHY BOSE, JACOB
JACOB, Advocates for the 10th respondent, the court passed the following:
WP(C) No.34888/2023 2/4
C.JAYACHANDRAN, J.
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W.P.(C) Nos.31997/2019, 34888/2023 & 14246/2024
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Dated, this the 27th June, 2024
O R D E R
W.P.(C) No.31997 of 2019 is preferred seeking assignment of the property in favor of the petitioners therein, on the basis of the possession claimed, which relief is claimed under the provisions of the Land Reforms Act.
2. W.P.(C) No.34888 of 2023 is preferred by the same petitioner seeking to quash Ext.P4 order, as per which, mutation was effected in the name of respondents 9 and 10.
3. W.P.(C) No.14246 of 2024 is preferred by the party respondent in the two other writ petitions, seeking protection from police harassment. WP(C) No.34888/2023 3/4 W.P.(C) Nos.31997/19, 34888/23 & 14246/24
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4. Out of the three cases referred above, the second one alone comes within the jurisdiction of this Court, as per roster. It appears that the first writ petition, W.P.(C) No.31997 of 2019, has to be considered by Court No.6C and the third writ petition, W.P.(C) No.14246 of 2024, has to be considered by Court No.5A, as per roster. This Court also notice that, the outcome of the second writ petition, W.P.(C) No.34888 of 2023, is more or less, dependant on the outcome of the first writ petition, W.P.(C) No.31997 of 2019. In the circumstances, the registry shall post the cases appropriately before the court/s having jurisdiction as per roster.
Sd/-
C.JAYACHANDRAN, JUDGE sss 27-06-2024 /True Copy/ Assistant Registrar WP(C) No.34888/2023 4/4 APPENDIX OF WP(C) 34888/2023 Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF 6TH RESPONDENT DATED 12/11/2021 27-06-2024 /True Copy/ Assistant Registrar