High Court of KeralaWP(C)/1867/2015disposed of

R. Jnaneswaran v. District Collector

2015-01-20Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1867 of 2015 (G) -------------------------------------- PETITIONER(S):

----------------------- R. JNANESWARAN, AGED 56 YEARS, S/O.LATE RAVEENDRANATHA PRABHU, PAYYANNUR AMSOM DESOM P.O., PAYYANNUR, KANNUR DISTRICT.

BY ADVS.SRI.M.V.AMARESAN SRI.V.GANGADHARAN (VALIYAPARAMBATH) RESPONDENT(S):

------------------------- DISTRICT COLLECTOR, KANNUR, PIN - 670 001.

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 1867 of 2015 (G) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF DECREE DATED 25/102/2010 IN O.S. 155/2010 PASSED BY THE HON'BLE SUBODINATE JUDGE, PAYYANNUR.

EXT.P2: TRUE COPY OF STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P3: TRUE COPY OF NOTICE DATED 08/08/12 ISSUED BY THE RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 1867 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 20th day of January, 2015

JUDGMENT

Being aggrieved of fixation of fair value in respect of the property belonging to the petitioner by the competent authority, the petitioner has already moved the first respondent by filing Ext. P2 appeal. It is stated that said appeal is pending consideration for more than two years. Pursuant to Ext. P3 notice, though the petitioner turned up before the concerned authority, the appeal proceedings are still to be finalized. Hence the writ petition.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the writ petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P2 appeal, in accordance with law, after giving an opportunity of hearing, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. If the fair value came to be re-fixed, proceedings shall be forwarded to the concerned authority to effect notification, which shall be effected within three months from the date of passing the order as aforesaid.

W.P.(C) No. 1867 of 2015 : 2 :

The petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.

The Writ Petition is disposed of.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd