Kerala High Court
K.N.Krishnakumar vs Cochin Devaswom Board on 22 November, 2018
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940
WP(C).No. 36645 of 2018
PETITIONER/S:
K.N.KRISHNAKUMAR
AGED 55 YEARS
S/O. NEELAKANDAN NAIR, KOTTARATHIL HOUSE,
SOUTH CHITTOOR P.O, ERNAKULAM DISTRICT, PIN 682027
BY ADVS.
SRI.K.V.JAYADEEP MENON
SRI.T.P.RAMESH (THENGUMPILLIL)
RESPONDENT/S:
1 COCHIN DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD,
THRISSUR DISTRICT, PIN 695001
2 DEVASWAM OFFICER,
SOUTH CHITTOOR SREE KRISHNA SWAMY TEMPLE, SOUTH
CHITTOOR P.O, ERNAKULAM DISTRICT, PIN 682 027.
3 SPECIAL TAHSILDAR,
COCHIN DEVASWOM BOARD, THRISSUR DISTRICT,
PIN 695 001.
4 THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM 682 030
5 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORTKOCHI, FIRST FLOOR, KB JACOB ROAD, FORT KOCHI,
ERNAKULAM DISTRICT, PIN 682 001
OTHER PRESENT:
SRI.K.P.SUDHEER,SC FOR R1 AND R2, ,
SMT.A.C.VIDHYA,GOVT.PLEADER FOR R3 TO R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.36645/2018 2
ALEXANDER THOMAS, J.
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W.P.(C)No. 36645 of 2018
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JUDGMENT
The prayer in this Writ Petition (Civil) is as follows:
"(i) Issue a Writ of certiorari or any other appropriate writ, order or direction quashing Exhibit-P7 and Exhibit-P8 Form notices and the parallel proceedings No.B 157/2018 initiated by the 3rd respondent under the Land Conservancy Act."
2. Heard Sri. K.V. Jayadeep Menon, the learned counsel appearing for the petitioner and smt. A.c. Vidhya, the learned Government Pleader appearing for respondents 3 to 5 and Sri. K.P. Sudheer, the learned Standing counsel for Cochin Devaswom Board appearing for respondents 1 and 2.
3. This Court as per Ext.P4 judgment dated 13.2.2015 in W.P.(C)No.4730/2015 filed by the petitioner had directed the 4th respondent District Collector to consider and dispose of the statutory appeal filed by the petitioner against the impugned order within two months from the date of receipt of a copy of the said judgment. Later, it appears that W.P.(C)No.36645/2018 3 the 4th respondent District Collector had delegated the said appellate responsibility to the 5th respondent Revenue Divisional Officer, Fort Kochi so as to render the said appellate adjudication process. Since no decision was taken on the appeal, the petitioner was again constrained to approach this Court by filing W.P.(C)No.25271/2018, in which this Court had rendered Ext.P5 judgment dated 27.7.2018 in that W.P.(C), wherein a specific direction was given that the 5th respondent RDO (Appellate Authority) shall dispose of the said appeal within two months. Though the time limit stipulated by this Court in Ext.P5 judgment for disposal of the said statutory appeal by the 5 th respondent RDO has expired on 9.10.2018, even now no final decision is taken by the Appellate Authority on the said appeal, it is stated. Now the petitioner is confronted with Ext.P8 Form-B notice issued by the 3rd respondent Special Tahsildar directing the petitioner to show cause as to why further coercive steps shall not be taken. The complaint of the petitioner is that such notice for W.P.(C)No.36645/2018 4 initiating coercive steps for enforcing the impugned order, notified as per Exts.P7 and P8 etc is legally wrong and improper in as much as the impugned order is now subjected to appellate process on which no considered decision has been taken by the 5 th respondent Appellate Authority inspite of specific direction issued by this Court in two round of writ proceedings as per Exts.P4 and P5 jdugments. Taking note of the above said facts and circumstances, it is ordered that Exts.P7 and P8 notices are pre- mature and are not unenforceable so long as the 5th respondent Appellate Authority has not disposed of the appeal filed by the petitioner as against the impugned order, as the said appeal was directed to be considered and disposed of by this Court in two rounds of writ litigative proceedings. In that view of the matter, the impugned Exts.P7 and P8 notices will stand set aside. The 5th respondent RDO will take necessary steps to consider and dispose of the appeal filed by the petitioner as already directed in Exts.P4 and P5 judgments. In case the petitioner has not so far been granted reasonable opportunity W.P.(C)No.36645/2018 5 of being heard, such reasonable opportunity should also be granted to him and the petitioner should also be permitted to submit any further written submissions in the matter, which may also be duly considered and thereafter, it is for the 5 th respondent to finalise the appellate process so as to pass considered appellate verdict in the matter without much delay. Immediately, on passing the appellate order, the 5th respondent shall communicate the same to the 3rd respondent Special Tahsildar. It is only after receipt of a copy of the appellate decision rendered by the 5th respondent, the 3rd respondent Special Tahsildar shall take further steps in the matter, as any such proposed steps cannot be now ascertained with any degree of certainty as the impugned order is subjected to the appellate mechanism.
With these observations and directions, the above Writ Petition (civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE.
acd W.P.(C)No.36645/2018 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER OF THE 3RD RESPONDENT IN PROCEEDING NO. 157/07 DATED 28/08/2014 EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WRIT PETITION NO. 28233 OF 2014 DATED 28/10/2014 EXHIBIT P3 TRUE PHOTO COPY OF THE ORDER IN THE PROCEEDINGS NO. B 157/07 DATED 20/12/2014 PASSED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA DATED 13/02/2015 IN WRIT PETITION NO. 4730/2015 EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA DATED 27/07/2018 IN WRIT PETITION NO. 25271 OF 2018 EXHIBIT P6 TRUE PHOTOCOPY OF THE RECEIPT DATED 09/08/2018 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT EXHIBIT P7 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 3RD RESPONDENTS DATED 28-08-2014 EXHIBIT P8 TRUE PHOTOCOPY OF THE B FORM NOTICE B. 157/18 DATED 29/10/2018 ISSUED BY THE 3RD RESPONDENT.
TRUE COPY P.S. TO JUDGE.
acd