High Court of KeralaWP(C)/7525/2015disposed of

Stephen Luiz v. The District Collector, Ernakulam

2015-03-10Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7525 of 2015 (M) --------------------------- PETITIONER :

----------------------- STEPHEN LUIZ, AGED 61 YEARS, S/O LATE JOHN LUIZ, CHERUPUNATHIL HOUSE, PANAMPALLY NAGAR, GEORGE EDEAN ROAD, KOCHI-682 036.

BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENT(S):

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

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

2. LOCAL LEVEL COMMITTEE CONSTITUTED UNDER THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT, REPRESENTED BY ITS CHAIRMAN/DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN:682 030.

R1 & R2 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 7525 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ANNEXURE.

EXHIBIT P2:

TRUE COPY FO THE ACKNOWLEDGEMENT FOR RECEIPT OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO.JUDGE sts

P.R.RAMACHANDRA MENON, J.

------------------------------------------ W.P.(C) No. 7525 of 2015 ------------------------------------------ Dated this the 10th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents to consider Ext.P1 complaint and pass appropriate orders over it in accordance with law, within such time limit as this Hon'ble Court may deem fit to fix in the facts and circumstances of the case; and (b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the respondents to take immediate action to appoint petitioner as the guardian of petitioner's sister Marigily Merley Luiz; and (c) Grant such other and further reliefs as are deemed just and necessary including the costs of this proceedings."

W.P.(C) No. 7525/2015 -22.

The learned counsel for the petitioner submits that the grievance of the petitioner stands already highlighted by Ext.P1 complaint, 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 consider and dispose of within a reasonable time.

Heard the learned Government Pleader also.

In view of the limited extent of relief sought for, this Court does not find it necessary to deal with the merits of the case. The Writ Petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P1 in accordance with law, after affording an opportunity of hearing to the petitioner and the other interested parties, if any, within one month from the date of receipt of a copy of this judgment.

W.P.(C) No. 7525/2015 -3The petitioner shall produce a copy of the judgment along with a copy of the Writ Petition before the concerned respondent for further steps.

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