K. Muraleedharan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 815 of 2015 (B) -------------------------- PETITIONER:

------------------- K. MURALEEDHARAN, AGED 66, S/O.KUMARAN, PRESIDENT, ILAMBALLISERRY SHRI BHADRAA BHAGAVATHI TEMPLE TRUST, AADINAD SOUTH, AADINADU VILLAGE, KATTILKADAVU P.O, KARUNAGAPPALLY, KOLLAM - 690 542.

BY ADVS.SRI.E.M.MURUGAN SRI.P.RAKESH (VAIKOM) RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY(REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. ADDITIONAL TAHASILDAR, KARUNAGAPPALLY, TALUK OFFICE, KARUNAGAPALLY - 690 518.

3. VILLAGE OFFICER, AADINADU VILLAGE, KARUNAGAPALLY, KOLLAM - 690 573.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 815 of 2015 (B) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1 :

TRUE PHOTOCOPY OF REGISTERED TRUST DEED NUMBER 936/2012 OF SRO KARUNAGAPALLY.

EXHIBIT P2 :

TRUE PHOTOCOPY OF BASIC TAX RECEIPT.

EXHIBIT P3 :

TRUE PHTOOCOPY OF ORDER DATED 14/01/2013 PASSED BY 2ND RESPONDENT.

EXHIBIT P4 :

TRUE PHOTOCOPY OF PLAINT FILED IN OS NO 378/2013 ON THE FILES OF MUNSIFF'S COURT KARUNAGAPALLY.

EXHIBIT P5 :

TRUE PHOTOCOPY OF WRITTEN STATEMENT IN OS NO 378/2013. EXHIBIT P6 :

TRUE PHOTOCOPY OF REPRESENTATION DATED 20/10/2014 ALONG WITH THE SKETCH.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 815 of 2015 -------------------------------------------- Dated this the 9th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"a. To issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the 2nd respondent to consider and pass orders on Exhibit P6 representation filed by the petitioner and effect mutation in favour of the petitioner as expeditiously as possible, within a time frame in the interest of justice.

b. To issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the 2nd and 3rd respondents or the concerned among them to take immediate action on Ext.P6 representation and conduct necessary enquiry and pass orders on the same as expeditiously as possible, within a time frame in the interest of justice."

2. When the matter is taken up for consideration, the learned counsel for the petitioners submits that the grievance of the petitioners has also been projected by way of Ext.P6 representation which is pending consideration before the 2nd respondent and that the petitioner will be satisfied, if a direction is given to the said respondent to consider and dispose of the same within a reasonable time.

W.P.C. No. 815 of 2015 -23. Heard the learned Government Pleader as well.

4. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case. In the said circumstance, the writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P6 in accordance with law, after conducting a spot inspection also affording an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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