High Court of KeralaWP(C)/8524/2015disposed of

L.Chacko v. The District Collector

2015-03-18Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 8524 of 2015 (M) --------------------------- PETITIONER :

--------------------- L.CHACKO, S/O.LUKOSE, THAZHEVILAPUTHEN VEEDU, PANACHAVILA, EDAMULAKKAL, P.O. ANCHAL KOLLAM DISTRICT.

BY ADV. SRI.ANCHAL C. VIJAYAN RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, KOLLAM, PIN-691 001.

2. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, RESURVEY, KOLLAM, PIN-691 001.

3. THE TALUK SURVEYOR, PUNALUR, KOLLAM DISTRICT, PIN-691 305

4. THE TAHAZILDAR, PUNALUR, KOLLAM DISTRICT, PIN-691 305.

R1 TO R4 BY GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 8524 of 2015 (M) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

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

TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.8524 of 2015 --------------------------------------- Dated this the 18th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider and pass orders on Exhibit P1 Revision Petition filed by the petitioner before the 1st respondent as per Section 13A of the Kerala Survey and Boundaries Act, 1961;

ii) Declare that petitioner is entitled to possess, enjoy, cultivate and take yield from 00.50 Ares of land in resurvey No.181/2 in Edamulakkal Village which is part of 1.80 Acres of land owned by the petitioner and situated in a compact plot; iii) Declare that respondents are not authorized and entitled to separate 00.50 Ares of land in resurvey No.181/2 in Edamulakkal Village which is part of 1.82 Acres of land owned by the petitioner in resurvey Nos.294/, 342/6, 374/5 and 381/1 of Edamulakkal Village'

iv) To allow such other and further relief's as this Hon'ble Court find deem fit to in the nature and circumstances of the case;

And v) Allow this writ petition with the petitioner's costs."

2. Grievance of the petitioner is with regard to the delay in

W.P.(C) No.8524 of 2015 considering and finalising Ext.P1 Revision Petition filed by the petitioner before the 1st respondent.

3. Heard the learned Government Pleader appearing for the respondents as well.

4. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P1 Revision Petition, after affording an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp