High Court of KeralaWP(C)/4977/2015disposed of

Mathew T.A. v. District Collector

2015-02-24Honourable 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 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 4977 of 2015 (V) ------------------------------------------ PETITIONER(S) :

------------------------ MATHEW T.A, AGED 36 YEARS, S/O.ABRAHAM, THOTTATHIL HOUSE, MANIKADAVU, KANNUR DISTRICT.

BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, KANNUR - 670 702.

2. DEPUTY COLLECTOR OF LAND TRIBUNAL, LAND TRIBUNAL OFFICE, KANNUR DISTRICT- 670 702.

3. THE VILLAGE OFFICER, NUCHIYAD VILLAGE OFFICE, ULICKAL, KANNUR DISTRICT- 670 702.

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 4977 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

THE COPY OF THE PATTA (LAND ASSIGNMENT CERTIFICATE) DATED 13.02.1976.

EXHIBIT P2:

A COPY OF THE SALE DEED NO.2260/2010, SRO, ULICKAL DATED 28.10.2010.

EXHIBIT P3:

A COPY OF THE TAX RECEIPT DATED 23.05.2014.

EXHIBIT P4:

A COPY OF THE POSSESSION CERTIFICATE COPY DATED 25.02.2012. EXHIBIT P5:

A COPY OF THE TESTIMONY ISSUED BY THE 3RD RESPONDENT DATED 25.02.2012.

EXHIBIT P6:

A COPY OF THE RE SETTLE ATANGAL VILLAGE DATED 25.02.2012.

EXHIBIT P7:

A COPY OF THE SITE PLAN DATED 25.02.2012.

EXHIBIT P8:

A COPY OF THE APPLICATION FOR LAND ASSIGNMENT CERTIFICATE (PATTA) DATED 25.02.2012.

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

Msd.

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 4977 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

i) Issue a Writ of Mandamus or other appropriate Writ, order or direction, directing the 2nd respondent to consider Ext. P8 application and to take a decision thereon without any further delay.

ii) Issue a writ of mandamus to direct the second respondent to consider Ext. P8 application in the light of Exts. P4 to P7 expeditiously.

iii) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2.

The learned Government Pleader appearing for the respondent submits, on instructions, that about 15000 cases are pending consideration and Ext. P8 will be caused to be considered within the shortest possible time.

3. In the above circumstances, the writ petition is disposed of, directing the second respondent to consider and pass appropriate

W.P.(C) No. 4977 of 2015 : 2 :

orders on Ext. P8 application in accordance with law, after affording an opportunity of hearing, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

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

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