Pushpamma v. The District Collector, Kollam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 7357 of 2015 (T) --------------------------- PETITIONER(S) :

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1. PUSHPAMMA D/O. BHARGAVI, AGED 74 YEARS, "SIVAM", OLLAL KOONAYL, PARAVOOR, KOLLAM.

2. K.VIJAYAKUMAR, S/O. KARUNAKARAN, AGED 51 YEARS OLLAL VALIYAVEETTIL THEKKATHIL KOONAYL CHERRY, PARAVOOR, KOLLAM.

BY ADVS.SRI.PRATHEESH P.

SMT.S.SEETHA RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM - 691 013.

2. THE REVENUE DIVISIONAL OFFICER CIVIL STATION, KOLLAM - 691 013.

3. THE SECRETARY PARAVOOR MUNICIPALITY, PARAVOOR, KOLLAM - 691 301.

4. THE DISTRICT OFFICER GROUND WATER DEPARTMENT, HIGH SCHOOL JUNCTION THEVALLY P.O., KOLLAM - 691 013.

5. N.S.SUSHAMAN VAZHAVILA, OLLAL, KOONAYL PARAVOOR, KOLLAM - 691 301.

R1, R2 & R4 BY GOVT. PLEADER SRI. M. MUHAMMED SHAFI R3 BY ADV. SRI.AYYAPPAN SANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 7357 of 2015 (T) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - THE COPY OF THE MASS REPRESENTATION FILED BY THE LOCAL RESIDENCE ALONG WITH THE PETITIONRS BEFORE THE 1ST RESPONDENT DT. 2.3.15.

EXT. P2 - THE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT AND THE DIRECTION GIVEN BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXT. P3 - THE COPY OF THE NOTICE DT. 03.3.15 ISUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT TO ABSTAIN FROM THE DIGGING OF A BOREWELL TILL 09.3.15.

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

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 7357 of 2015 ------------------------------------------- Dated this the 20th day of March, 2015

J U D G M E N T

Th petitioners have approached this Court with the following prayers:

"i.

To issue a writ of mandamus or any other order commanding the 4th respondent to conduct a feasibility study and the grievance of the local residence before issuing permit for borewell.

ii.

To issue a writ of mandamus or any other order commanding the respondents 1 to 4 to consider and pass orders in Ext.P1 and P2 representations. iii.

To issue such other orders as this Hon'ble court may deem fit to issue in the fact and circumstances of this case."

2.

The learned counsel for the petitioners submits that, the petitioners have expressed the grievance with regard to the digging of a borewell in Ext.P1 representation, which is pending considering before the 1st respondent. The grievance of the general public has been projected in the said representation. It is stated that the petitioners will be satisfied, if a direction is issued to the 1st respondent to have it considered and disposed of within a reasonable time.

WP(c). No.7357 of 2015 3.

Heard the learned counsel for the petitioners, the learned counsel for the 3rd respondent Municipality and also the learned Government Pleader.

4.

Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the issue on merits. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P1, in accordance with law, after affording an opportunity of hearing to the petitioners, 3rd respondent and the 5th respondent. It shall be done, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of the judgment.

The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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