Santhosh S v. The District Collector, Pathanamthitta

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 WP(C).No.4248 of 2015 (E) ------------------------------------- PETITIONER:

------------------- SANTHOSH.S,AGED 50 YEARS, S/O.SOMARAJAN,MIDHUNAM HOUSE, MANNADI EAST,KADAMPANADU VILLAGE, ADOOR TALUK,PATHANAMTHITTA DISTRICT-691 530.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SRI.S.K.SUJITH KRISHNA RESPONDENTS:

----------------------- 1.

THE DISTRICT COLLECTOR, PATHANAMTHITTA-689 645.

2.

THE ASSISTANT EXECUTIVE ENGINEER (ROADS), ADOOR DIVISION,PUBLIC WORKS DEPARTMENT, ADOOR,PATHANAMTHITTA DISTRICT-689 645.

BY GOVT. PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4248 of 2015 (E) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT P1:TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RDO,ADOOR.

EXT P2:TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER,PWD (ROADS DIVISION), ADOOR.

EXT P3:TRUE COPY OF REPRESENTATION DATED 28-01-2014 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT.

EXT P4:TRUE COPY OF REPRESENTATION DATED 28-01-2014 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.

RESPONDENT'S EXHIBITS:

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

P.R.RAMACHANDRA MENON, J.

========================= W.P.(C) No.4248 of 2015 ============================ Dated this the 10th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"A) Issue a writ of mandamus or any other writ, order or direction to the first and second respondents to remove the illegal structures put up on a public way and government land in front of the petitioner's property.

B) Issue a writ of mandamus or any other writ, order or direction to the first and second respondents to consider Exhibits P3 and P4 representations submitted by the petitioner within such period as this Hon'ble Court finds fit and proper.

C) Pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and D) Award the cost of this petition."

2. Heard the learned Counsel for the petitioner as well as the learned Government Pleader.

4. During the course of hearing, the learned counsel for the petitioner submits that, the grievance has already been

W.P(C) No.4248 of 2015 projected by way of Exts.P3 and P4 before the first and second respondents respectively and that the petitioner will be satisfied, if a direction is given to the said respondents to have it considered and finalized within a reasonable time.

6. After hearing both the sides, this Court finds it not necessary to go into the merits of the case. The writ petition is disposed of, directing the first and second respondents to consider and pass appropriate orders on Ext.P3 and P4 respectively in accordance with law, after 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 first and second respondents for further steps.

Sd- P.R.RAMACHANDRA MENON, JUDGE vdv