M.C.Anand v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 10031 of 2015 (D) ---------------------------- PETITIONER:

----------------------- M.C.ANAND, S/O.CHINNASWAMY GOUNDER, AGED 42 YEARS, DHANDAPANI KALAM, ERUTHEMPAHTY P.O, CHITTUR TALUK, PALAKKAD-678 555 BY ADVS.SRI.JACOB SEBASTIAN SMT.SHAMSEERA. C.ASHRAF SRI.T.U.SUJITH KUMAR SMT.ANU JACOB RESPONDENTS:

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1. THE DISTRICT COLLECTOR, PALAKKAD-678 001

2. THE COMMISSIONER OF SALES TAX, PALAKKAD, PIN-678 001

3. THE SUPERNTENDENT OF POLICE, PALAKKAD -678 001

4. SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, PALAKKAD-678 555

5. ERUTHENPATHY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ERUTHENPATHY, PALAKKAD, PIN-678 555 R1 TO R4 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 10031 of 2015 (D) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- A TRUE COPY OF THE WILL DATED MARCH 22, 1984 EXECUTED BY LATE MARAPPA GOUNDER.

P2:- A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT P3:- A TRUE COPY OF THE ACKNOWLEDGEMENT CARD ISSUED BY THE OFFICE OF THE IST RESPONDENT P3(A):- A TRUE COPY OF THE ACKNOWLEDGEMENT CARD ISSUED BY THE OFFICE OF THE 2ND RESPONDENT P3(B):- A TRUE COPY OF THE ACKNOWLEDGEMENT CARDS ISSUED BY THE OFFICE OF THE 3RD RESPONDENT P3(C):- A TRUE COPY OF THE ACKNOWLEDGEMENT CARDS ISSUED BY THE OFFICE OF THE 4TH RESPONDENT P3(D):- A TRUE COPY OF THE ACKNOWLEDGMENT CARDS ISSUED BY THE OFFICE OF THE 5TH RESPONDENT RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 10031 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

(i) Issue a writ of mandamus or such other appropriate writ, order or direction to the respondents to consider Ext. P2 and take immediate remedial action to curb the mischief made mention of in Ext. P2.

(ii) Issue such other writ, order or direction which are deemed fit and proper on the facts and circumstance of the case and in the interest of justice.

2. The learned counsel for the petitioner submits that the grievance of the petitioner has already been projected by way of Ext. P2, which is pending consideration before the first respondent and that the petitioner will be satisfied, if a direction is given to the first respondent to consider and pass appropriate orders on Ext. P2 within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to issue notice to the fifth respondent or deal with the merits of the case for the time being. The Writ Petition

W.P.(C) No. 10031 of 2015 : 2 :

is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P2, in accordance with law, after calling for a report from the 5th respondent, with notice to the petitioner and interested parties, if any, at the earliest, at any rate within two months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of this writ petition before the first respondent for further steps.

The Writ Petition is disposed of.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd