Krishna Moorthy M And Ors vs District Collector And Ors

The petitioners are stated to be owners in possession of properties comprised in Survey No.371E13 (9.8 cents), Survey No.371E11 (20 cents) and Survey No.371E14 (16 cents) of Pudussery West Village, respectively, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding 2nd respondent Revenue Divisional Officer to consider and pass appropriate orders on Exts.P11, P12 and P13 appeals filed against Exts.P8, P9 and P10 orders of the 3rd respondent Additional Tahsildar, Palakkad, within a time limit to be fixed by this Court.

On 15.12.2020, when this writ petition came up for admission, the learned Government Pleader took notice before admission for respondents 1 and 4 and sought time to get instructions.

Heard the learned counsel for the petitioners and also the learned Government Pleader for the respondents.

Section 16 of the Kerala Land Conservancy Act, 1957, which read thus;

"16. Appeal and revision.--(1) Any person aggrieved by any decision or order under this act of any officer authorised under section 15 may appeal -

a) where such officer is the Revenue Divisional Officer, to the collector :

Provided that no such appeal shall lie in any case where the order is passed by the Revenue divisional Officer on appeal under clause (b); and

b) in all other cases , to the Revenue Divisional Officer, and the Collector or the Revenue Divisional Officer, as the case may be, may pass such order on the appeal as he thinks fit,

The Collector may either suo motu or on application revise any decision made or order passed under this Act by any officer authorised under section 15:. Provided that where such officer is the Revenue Divisional Officer,the Collector shall not on application revice any decision made or order passed otherwise than an appeal; provided further that the Collector shall not revise any decision or order if an appeal against such decision or order is spending or if the time for preferring an appeal if any,against such decision or order has not expired .

Any person aggrieved by any decision or order of the Collector under this act (otherwise than on appeal or revision) may appeal to the Board of Revenue,and the Board of Revenue may pass such order on the appeal as the things fit .

The Board of Revenue may either "suo motu" or on application revice any order passed by the Collector on appeal.

Government may The Board of Revenue may either "suo motu" or on application revice any order passed by the Board of Revenue on appeal.

No order shall be passed under sub section (1)or sub section (2) or sub section (3) or sub section (4) or sub section (5) without giving the party who may be affected there by an opportunity of being heard.

Pending disposal of any appeal or revision under this Act, the appellate authority or the revising authority, as the case may be, may suspend the execution of the decision or order appealed against or sought to be revised."

Exts.P8, P9 and P10 orders issued by 3rd respondent Additional Tahsildar are appealable before the 2nd respondent Revenue Divisional Officer, under Section 16 of the Kerala Land Conservancy Act, 1957. Exts.P11 to P13 appeals are wrongly filed before the 1st respondent District Collector, which have already been numbered as Appeal Nos.8849 of 2013, 8830 of 2013, and 8850 of 2013.

Having considered the submission made by the learned counsel on both sides, this writ petition is disposed of with the following directions;

(i) The 1st respondent District Collector shall transmit Exts.P11 to P13 appeals filed by the petitioners against

Exts.P8 to P10 orders of the 3rd respondent Additional Tahsildar to the 2nd respondent Revenue Divisional Officer, who is the appellate authority, within a period of two weeks from the date of receipt of a certified copy of the judgment.

(ii) Thereafter, the 2nd respondent shall consider those appeals and pass appropriate orders thereon, with a notice to the petitioners and after affording them an opportunity of being heard, as expeditiously as possible, at any rate within a further period of two months.

No order as to costs.