Sarala v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 7659 of 2015 (F) --------------------------- PETITIONER :

---------------------- SARALA, AGED 55 YEARS, W/O.KANAKARAJAN, SARITHALAYAM, NADUVATHU CHERI MURI, CHAVARA-THEKKUMBHAGOM VILLAGE, DALAVAPURAM, NEENDAKARA P.O, KARUNAGAPPALLY THALUK, KOLLAM DISTRICT.

BY ADV. SRI.P.V.DILEEP RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, KOLLAM.

2. THE REVENUE DIVISIONAL OFFICER, KOLLAM.

3. THE TAHASILDAR, THALUK OFFICE, KARUNAGAPPALLY TALUK, KARUNAGAPPALLY P.O., KOLLAM DISTRICT.

4. THE VILLAGE OFFICER, VILLAGE OFFICE, CHAVARA-THEKKUMBHAGOM, KOLLAM DISTRICT.

5. THE SUB INSPECTOR OF POLICE, CHAVARA-THEKKUMBHAGOM, KOLLAM DISTRICT.

6. MARIYAMMA CLEATUS, D/O.SARAMMA THOMAS, NO.3, OTTAPLAVILA VEEDU, THEVALLI NAGAR, KOLLAM WEST VILLAGE, KOLLAM DISTRICT.

7. SERLIN P.J., W/O.POLICARF JOSEPH, ASST. PROFESSOR, FATHIMA MATHA NATIONAL COLLEGE, KOLLAM, RESIDING AT OTTAPLAVILA VEEDU, HOUSE NO.T.P.9/561 DALAVAPURAM, NEENDAKARA P.O., KARUNAGAPPALLY THALUK, KOLLAM DISTRICT.

R1 TO R5 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE R7 BY ADV. SRI.SUNNY ZACHARIAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 7659 of 2015 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

A COPY OF THE REPORT NO.203/2012 DATED 11.10.2012 GIVEN BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT P2:

A COPY OF THE DIRECTIONS GIVEN BY THE 3RD RESPONDENT'S OFFICE TO THE 4TH RESPONDENT P3:

THE TRUE COPIES OF THE REPRESENTATION GIVEN TO THE 2ND AND 3RD RESPONDENT'S OFFICE DATED 25.02.2015 RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.7659 OF 2015 ......................................................................... Dated this the 17th March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"

i) to issue a writ of mandamus or any appropriate writ or direction directing the respondents 1 to 5 to implement Exhibit P2 in accordance with law ii) to issue a writ of mandamus or any appropriate writ directing the 2nd and 3rd respondent to consider and take appropriate action on Exhibit P representation immediately.

iii) to pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Being aggrieved of the activities pursued by the 6th and 7th respondents, obstructing the petitioner and other persons in the locality in parking their vehicles in the road puramboke in the locality, the petitioner has preferred Ext.P3 representation before the second respondent/RDO,which is still to be acted upon. The only prayer is to cause the same to be considered and

W.P.(C)No.7659 OF 2015 finalised within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited nature of relief pressed before this Court, it is not necessary to adjudicate the issue on merits. Accordingly, the writ petition is disposed of, directing the second respondent/RDO to consider and finalise Ext.P3, with notice to the petitioner and other interested parties, including the 6th respondent/ Mariyamma Cleatus. The proceedings shall be finalised at the earliest, at any rate, within six weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the second respondent/RDO for further steps. P.R.RAMACHANDRA MENON JUDGE lk