High Court of KeralaWP(C)/7011/2015disposed of

T.C.Varghese v. District Collector, Ernakulam

2015-03-05Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 7011 of 2015 (B) --------------------------- PETITIONER:

------------------- T.C.VARGHESE, S/O.CHERIA, THELAPPILLY HOUSE, PEECHANIKKAD NORTH, PO PULIYANAM, ANGAMALI, ERNAKULAM DISTRICT.

BY ADVS.SRI.K.V.SOHAN SMT.SREEJA SOHAN.K.

SRI.ROVIN RODRIGUES RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, ERNAKULAM DISTRICT, PIN - 682 030.

2. THE TAHSILDAR, ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7011 of 2015 (B) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT P1 :

TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT NO.2 DT. 13-02-2015.

EXT P2 :

TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DT 06-02-2013.

EXT P3 :

TRUE COPY OF THE ORDER ISSUED BY RESPONDENT NO.2 DT. 13-02-2015.

EXT P4 :

TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE RESPONDENT NO.1 DT. 27-02-2015. EXT P5 :

TRUE COPY OF THE APPLICATION DT. 27-02-2015 FOR STAY OF ALL PROCEEDINGS PURSUANT TO EXT P3 ORDER.

EXT P6 :

TRUE COPY OF THE ACKNOWLEDGEMENT DT. 28-02-2015 ISSUED BY THE OFFICE OF RESPONDENT NO.1 ON RECEIVING EXT P4 APPEAL AND P5 APPLICATION FOR STAY.

RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

-------------------------------------------------- W.P.(C).No.7011 of 2015 --------------------------------------- Dated this the 5th day of March, 2015

JUDGMENT

Being aggrieved of Ext.P3 order passed by the 2nd respondent ordering eviction, the petitioner has already moved to the 1st respondent by Ext.P4 appeal, along with Ext.P5 petition for stay. The said proceedings stand served to the 1st respondent as borne by Ext.P6 acknowledgment. The prayer is to cause the said proceedings to be considered and finalised at the earliest. 2.

Heard the learned Government Pleader as well.

3. In view of the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case .

4. The Writ Petition is disposed of, directing the 1st respondent to consider and pass appropriate orders in Ext.P4 appeal, in accordance with law after affording an opportunity of hearing to the petitioner and other interested parties, if any, within two months. 'Status quo' shall be maintained till such time.

The petitioner shall produce a copy of this judgment along

W.P.C.No.7011 oF 2015 with a copy of the writ petition before the first respondent for further steps.

sd/- P.R. RAMACHANDRA MENON, JUDGE jv