High Court of KeralaWP(C)/5481/2015disposed of

Vijayan C. v. The Chief Engineer, Project 1, Kavery Cell (Irrigation)

2015-02-20Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 --------------------------- PETITIONER(S):

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1. VIJAYAN C., S/O. CHAMIYAR, LAKSHMI NIVAS, CHRARAD, LAKSHAM VEEDU, MALAMPUZHA P.O., PALAKKAD-678 651.

2. NAZAR H., S/O. HAMZA, ANZAR MANZIL, SASTHA COLONY, MANTHAKKAD, MALAMPUZHA P.O., PALAKKAD-678 651.

3. JISHA K.P., D/O. PADMANABHAN, KULANGARA HOUSE, CHRARAD, MALAMPUZHA P.O., PALAKKAD-678 651.

4. MOHANDAS, S/O. MUTHU, THUPALLAM, MALAMPUZHA P.O., PALAKKAD-678 651.

5. MANOJ, S/O. SREEDHARAN, INDIKKAL, SOUTH MALAMPUZHA P.O., PALAKKAD-678 651.

6. RAMAKRISHNAN, S/O. CHAMIYAYAR, LAKSHMI NIVAS, CHRARAD, LAKSHAM VEEDU, MALAMPUZHA P.O., PALAKKAD-678 651.

7. BABURAJ, S/O. CHAMUNNI, PUZHAKKAL H.O., KANJIRAKKADAVU, MALAMPUZHA P.O., PALAKKAD-678 651.

BY ADVS.SRI.A.R.GANGADAS SRI.M.L.SURESH KUMAR RESPONDENT(S):

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1. THE CHIEF ENGINEER, PROJECT 1, KAVERY CELL (IRRIGATION), WESTHILL, KOZHIKODE-673 005.

2. EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA DAM, MALAMPUZHA P.O., PIN-678 651.

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3. THE DISTRICT COLLECTOR, CHAIRMAN, DISTRICT TOURISM PROMOTION COUNCIL, COLLECTORATE, PALAKKAD 678 001.

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE LICENCE AGREEMENT ENTERED BETWEEN THE SECOND RESPONDENT AND SECOND PETITIONER DATED 7.7.2012. P2 :

TRUE COPY OF THE LETTER DATED 3.7.2013 ISSUED BY THE SECOND RESPONDENT.

P3 :

TRUE COPY OF THE LETTER SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT DATED 18.6.2014. P4 :

TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT TO THE SECOND PETITIONER DATED 12.12.2014.

P5 :

TRUE COPIES OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

P6 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 3.1.2015.

RESPONDENT(S)' EXHIBITS:

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

P.R.RAMACHANDRA MENON, J.

= = = = = = = = = = = = = = = = W.P.(C) No.5481 of 2015 = = = = = = = = = = = = = = = = = = = = = Dated this the 20 th day of February, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"(i) Issue a writ of mandamus any other appropriate writ order or direction to first respondent to consider Ext.P6 forthwith.

(ii) Issue such other further orders deemed fit and proper in the circumstances of the case."

2. Heard the learned Government Pleader as well.

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

4. After hearing both the sides, the writ petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext.P6 representation preferred by the petitioners, after giving an opportunity of hearing to the petitioners and any one representing them, as expeditiously as possible, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

W.P.(C) No.5481 of 2015 Petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the first respondent, for further steps.

P.R.RAMACHANDRA MENON, JUDGE sj