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High Court of KeralaWP(C)/7022/2015disposed of

Meenakumari v. Village Officer

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. 7022 of 2015 (C) --------------------------- PETITIONER(S):

-------------------------- MEENAKUMARI AGED 57 YEARS D/O.LATE K.K.SUBRAMANIA IYYER, 3/146, LAKSHMY NIVAS L.N PURAM, CHOKKANATHAPURAM, PALAKKAD 678 005. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S):

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

1. VILLAGE OFFICER SREEKRISHNAPURAM VILLAGE, OTTAPPALAM TALUK PALAKKAD DISTRICT. 679 513.

2. TAHSILDAR OTTAPPALAM TALUK, TALUK OFFICE, OTTAPPALAM PALAKKAD 679 101.

3. K.B.LAKSHMI KUZHIKKATTU MADAM, SREEKRISHNAPURAM, OTTAPPALAM TALUK PALAKKAD DISTRICT. 679 573.

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

W.P.(C). NO.7022/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:

COPY OF THE KANAM THEERADHARAM 199 DATED 20.02.1963 EXT.P2:

COPY OF THE ORDER IN OA NO.2511/76 DATED 15.05.1998 OF THE LAND TRIBUNAL, OTTAPPALAM EXT.P3:

COPY OF THE ORDER DATED 01.03.2013 IN AA NO.58/98 OF THE APPELLATE AUTHORITY, THRISSUR EXT.P4:

COPY OF THE LETTER ISSUED BY THE IST RESPONDENT DATED 24.03.2014 EXT.P5:

COPY OF THE PETITION DATED 17.12.2014 SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE JV

P.R. RAMACHANDRA MENON, J.

-------------------------------------------------- W.P.(C).No.7022 of 2015 --------------------------------------- Dated this the 5th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"I) To issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to receive tax in respect of one acre of land situated in Sy.No.123/2011 of Sreekrishnapuram Village from the petitioner or any other legal heirs of late K.K.Subramania Iyyer and issue tax receipt;

II) To issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to consider Ext.P5 and pass appropriate order or direction to the 1st respondent; and III) To issue such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."

2. Learned counsel for the petitioner submits that the grievance of the petitioner has already been projected by way of Ext.P5, which is pending consideration before the 2nd respondent. It is stated that the petitioner will be satisfied if a direction is given to the 2nd respondent to have it considered and finalised within a shortest possible time.

W.P.C.No.7022 OF 2015

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 or to issue notice to the 3rd respondent for the time being.

4. The Writ Petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P5 in accordance with law after affording an opportunity of hearing to the petitioner, 3rd respondent and other interested parties, if any, within a period of two months.

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

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