High Court of KeralaWP(C)/1513/2015disposed of

Kamalaskhy v. The District Collector

2015-01-15Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 1513 of 2015 (L) --------------------------------------- PETITIONER(S):

-------------------------- KAMALASKHI, AGED 74 YEARS, W/O.ANIRUDHAN, RAJU VILASOM, EDANAD P.O., CHATHANNOOR, KOLLAM.

BY ADV. SRI.SAJU J PANICKER RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, KOLLAM- 691 001.

2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOLLAM- 691 001.

3. THE SURVEY SUPERINTENDENT, SURVEY OFFICE, KOLLAM- 691 001.

4. THE VILLAGE OFFICER, MEENAD VILLAGE, CHATHANNOOR, KOLLAM- 691 001.

5. THE CIRCLE INSPECTOR OF POLICE, CHATHANOOR POLICE STATION, CHATHANOOR, KOLLAM- 691 001.

6. PANKAJAKSHI, BIJU BHAVAN, NADUVILA CHERI, EDANAD P.O., CHATHANOOR, KOLLAM- 691 001.

R1 TO R5 BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 1513 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

THE TRUE COPY OF THE SALE DEED NO.590 OF 1973 OF CHATHANOOR SRO.

EXHIBIT-P2:

THE TRUE COPY OF THE TAX RECEIPT.

EXHIBIT-P3:

THE TRUE COPY OF THE APPLICATION DATED 13.01.2014. EXHIBIT-P4:

THE TRUE COPY OF THE REVENUE LIST SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT-P5:

THE TRUE COPY OF THE REPORT DATED 19.04.2014 OF THE 4TH RESPONDENT.

EXHIBIT-P6:

THE TRUE COPY OF THE REQUEST DATED 28.04.2014 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT-P7:

THE TRUE COPY OF THE REPORT DATED 02.05.2014 OF THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1513 of 2015 -------------------------------------------- Dated this the 15th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Issue a writ of mandamus, order or direction directing the 2nd respondent to conduct the survey, measurement and point out the boundary of the property of the petitioner.

ii. Issue a writ of mandamus, order or direction directing the 2nd respondent to consider Ext.P3 application submitted by the petitioner as expeditiously as possible within a time frame fixed by this Court.

iii. Issue a writ of mandamus, order or direction directing the 5th respondent to provide effective assistance of police to the 2nd and 4th respondent in conducting the survey and measurement of the property if the respondents 2 and 4 seek such assistance."

2. The learned counsel for the petitioner submits that, the grievance of the petitioner has been projected by way of Ext.P3 application pending consideration before the 2nd respondent and that, the petitioner will be satisfied, if a direction is given to the 2nd respondent to cause the same to be considered and finalized within a reasonable time.

W.P.C. No. 1513 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 or to issue notice to the 6th respondent for the time being. The writ petition is disposed of, directing the 2nd respondent to consider and dispose of Ext. P3 in accordance with law with notice to the petitioner as well as the 6th respondent and other interested parties, if any, at the earliest, at any rate, within 'three 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 2nd respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE.

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