High Court of KeralaWP(C)/4631/2015disposed of

M.Somarajan v. The Revenue Divisional Officer

2015-02-13Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4631 of 2015 (D) ------------------------------------ PETITIONER(S):

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1. M.SOMARAJAN, 'ANJALI', AGASTHYAKODE, ANCHAL, KOLLAM DISTRICT.

2. REJULA, WIFE OF M.SOMARAJAN, 'ANJALI', AGASTHYAKODE, ANCHAL, KOLLAM DISTRICT.

BY ADVS.SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S.

RESPONDENT(S):

------------------------- THE REVENUE DIVISIONAL OFFICER, KOLLAM, CIVIL STATION, KOLLAM - 691 001.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 4631 of 2015 (D) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE PROVISIONAL ORDER NO.A.2432/2011 DATED 23-5-2011 ISSUED BY THE RESPONDENT TO THE PETITIONERS.

EXT.P2 - TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE RESPONDENT ON 10-6-2011.

EXT.P3 - TRUE COPY OF THE ORDER NO.A.2432/2010 DATED 17-3-2012 ISSUED BY THE RESPONDENT EXEMPTING A PORTION OF THE LAND FROM THE PURVIEW OF EXT.P1 ORDER.

EXT.P4 - TRUE COPY OF APPLICATION DATED 01-12-2014 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.4631 of 2015 --------------------------------------- Dated this the 13th day of February, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"(i) to issue a writ of mandamus, order or appropriate direction commanding and compelling the respondent to pass final orders on Ext.P1 Provisional Order considering Ext.P2 objection of the petitioners within a time frame stipulated by this Hon'ble Court; (ii) to issue a writ, order or direction directing the respondent to consider Ext.P2 in the light of Ext.P4 (iii) to issue such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The learned counsel for the petitioners that, in response to Ext.P1 Provisional Order passed by the respondent, the petitioners have already filed Ext.P2 objections. The matter is pending for quite a long and the delay in finalising the proceedings made the petitioners to approach this Court by filing the writ petition.

3. Heard the learned Government Pleader as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the issue on merits.

W.P.(C) No.4631 of 2015

5. After hearing both the sides, the writ petition is disposed of, directing the respondent to consider and pass appropriate orders on Ext.P1 Provisional Order, after considering Ext.P2 objection preferred by the petitioners, after giving an opportunity of hearing to the petitioners and also the other interested parties, if any, as expeditiously as possible, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

Petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp