IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 33021 of 2009(W) -------------------------- PETITIONERS: --------------- 1. SREEDHARAN, AGED 70 YEARS, S/O.ACHUTHAN, "AMBADI", SREEDHARAN PILLAI ROAD, PAPPANAMCODE, THIRUVANANTHAPURAM. 2. SYAMALA, W/O.SREEDHARAN, "AMBADI", SREEDHARAN PILLAI ROAD, PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SCRETARY TO GOVERNMENT- REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. REVENUE DIVISIONAL OFFICER (R.D.O.), KADAPPANAKKUNNU, THIRUVANANTHAPURAM. 4. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM. 5. SPECIAL TAHSILDAR (LAND CONSERVANCY), TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.M.A.ASIF STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD -ADV.SRI.J.KRISHNAKUMAR ADV. SRI.NAGARAJ NARAYANAN, SC, TDB FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33021 of 2009(W) APPENDIX PETITIONERS' EXHIBITS:- EXT. P1 : Sale deed dtd.20/1/1996 EXT. P2 : Settlement Register EXT. P3 : Revenue Settlement Proclamation EXT. P4 : Settlement Deed executed by Chennampra Veedu in favour of Smt.Bhagavathi and her minor children in 1106 ME. EXT. P5 : Sale deed of 1959 EXT. P6 : Plaint in O.S.No.478 of 2008 pending before the Munsiff's Court, Neyyattinkara. EXT. P7 : Notice received by petitioners from the 5th respondent EXT. P8 : Reply sent by petitioners to Exhibit P7. EXT. P9 : Order passed by the 5th respondent dtd.16/10/2009. EXT. P10 : Appeal Memorandum filed by the petitioners before the 3rd respondent dtd.2/11/2009. EXT. P11 : Stay petition filed along with Exhibit-P10 EXT. P12 : Order dtd.10/11/2009 of the 3rd respondent RESPONDENTS'EXHIBITS : Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.33021 of 2009 ------------------------------------------------ Dated this the 19th day of January, 2010 JUDGMENT The petitioners herein are the absolute owners in possession of 71 cents of property comprised in Block No.7, Field No.182, Thirupuram Village, Neyyattinkara Taluk. The petitioner prays claim title in respect of property as per Ext.P1. 2. The 5th respondent initiated proceedings under the Land Reforms Act and in terms of the provisions of the Land Conservancy Act. The petitioner filed a reply as per Ext.P8. But without considering his contentions Ext.P9 order was passed by the 5th respondent. 3. Challenging Ext.P9 the petitioner filed Ext.P10 appeal before the Revenue Divisional Officer along with a stay petition. By Ext.P12 communication the petitioner was informed by the Sub Collector that since the appeal has to be filed before the District Collector the same has been forwarded to the said authority. Reliance is placed on G.O.(Ms)No.247/2008/RD while issuing by Ext.P12. Ext.P12 is challenged in this writ petition. 4. Heard learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel for W.P.(C)No.33021 of 2009 2 Travancore Devaswom. The 5th respondent has been conferred with power of District Collector under the Act and G.O.(Ms)No.247/2008/RD dated 4/8/08 is in accordance with the power confirmed on him Ext.P9 order has been passed. The learned counsel for the petitioner submitted that under Section 16 of the Kerala Land Conservancy Act an appeal from the authority like 5th respondent lies before the Revenue Divisional Officer and not before the District Collector. Section 16(1) of the Act is extracted below:- “16.Appeal & 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.” W.P.(C)No.33021 of 2009 3 Going by Section 16(1)(a) the appeal lies to the Collector where the order is passed by the Revenue Divisional Officer and going by Ext.P9, the said order is passed by the Special Tahasildar, and therefore the appeal lies to the Revenue Divisional Officer under clause (b). 5. Evidently the reference made in Ext.P12 to G.O.(Ms) No.247/2008/RD is by mistake. The said Government Order only confers power of the District Collector on the 5th respondent under the Act. That means 5th respondent can pass orders and it does not mean that the petitioner will have to approach District Collector against that order. There will be a direction to the second respondent to retransmit the Ext.P10 if the same has been received therein to the 3rd respondent forthwith. The 3rd respondent will consider and pass orders after hearing all the parties within 3 months. The implementation of Ext.P9 will be kept in abeyance till final orders passed in the appeal. T.R.RAMACHANDRAN NAIR, JUDGE skj