Bose v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1303 of 2015 (K) ----------------------------------------- PETITIONER(S) :

------------------------ BOSE, AGED 46 YEARS, S/O.SAMUEL, RESIDING IN KORAMBANARI KUNNEL HOUSE, KIZHAKKUM BHAGOM.P.O., NIRANAM, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S) :

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

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, STATE SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT- 691 523.

3. THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA DISTRICT- 691 523.

BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 1303 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. P2:

ORDER NO.B4-4339/14/K.DIS. DATED 16.09.2014 PASSED BY THE THIRD RESPONDENT.

P3:

TRUE COPY OF THE CERTIFICATE DATED 19.12.2012 ISSUED BY THE VELLALANKERI PAADASHEKHARA NELLULPAADAKA SAMITHI. P4:

TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER SUBMITTED BEFORE THE THIRD RESPONDENT.

P5:

TRUE COPY OF THE CERTIFICATE DATED 29.06.2012 ISSUED BY THE VILLAGE OFFICER, NIRANAM.

P6:

TRUE COPY OF THE CONSENT LETTER DATED 12.08.2013 ISSUED BY THE OWNER OF THE ADJACENT PROPERTY.

P7:

TRUE COPY OF THE APPEAL DATED 31.10.2014 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

P8:

TRUE COPY OF THE PETITION TO CONDONE THE DELAY DATED 31.10.2014 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1303 of 2015 -------------------------------------------- Dated this the 14th day of January, 2015

JUDGMENT

Being aggrieved of Ext.P2 order dated 16.09.2014 passed by the third respondent, the petitioner has preferred Ext.P7 appeal dated 31.10.2014 before the second respondent along with Ext.P8 petition for condoning the delay. The prayer is only to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well.

3. Considering the limited nature of relief sought for, the writ petition is disposed of, directing the second respondent to consider and pass appropriate orders on Ext.P8 petition for condoning the delay and Ext.P7 appeal in accordance with law, after giving an opportunity of hearing to the petitioner and other interested parties, if any, 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 second respondent for further steps. The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE.

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