Sunil Kumar.P.G. v. Additonal Thahsildar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 10397 of 2015 (Y) ---------------------------- PETITIONER :

----------------------- SUNIL KUMAR.P.G., S/O. GOPALAN, POOTHOTTINGAL HOUSE, CHEROOR P.O., THRISSUR-680 008.

BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S):

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

1. ADDITONAL THAHSILDAR, THRISSUR-680 008.

2. THE VILLAGE OFFICER, KOLAZHI, PIN-680 008.

3. THE DISTRICT SUPERINTENDENT, DEPARTMENT OF SURVEY AND BOUNDARIES, THRISSUR-680 008.

BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 10397 of 2015 (Y) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

A COPY OF THE PETITION SUBMITTED BY SMT.NALINI DTD. 26.11.2004 BEFORE THE REVENUE DIVISIONAL OFFICER, THRISSUR. P2 :

A COPY OF THE PROCEEDINGS OF THE VILLAGE OFFICER, KOLAZHI, DTD. 26.11.2004.

P3 :

A COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DTD.12.12.2011. P4 :

A COPY OF THE LETTER DTD. 17.12.2013 SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE 1ST RESPONDENT.

P5 :

A COPY OF LETTER DTD. 16.1.2014 OF THE STATE PUBLIC INFORMATION OFFICER & DEPUTY THAHSILDAR.

P6 :

COPY OF THE REPRESENTATION DTD. 13.3.2015 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 10397 of 2015 -------------------------------------------- Dated this the 8th day of April, 2015

JUDGMENT

The petitioner is aggrieved of the inaction of the 1st respondent in disposing of Ext.P6 representation. Though Ext.P3 proceedings were initiated by the 1st respondent to carry out corrections in the measurements in the final records of survey of the field, surveyed under chain survey method, it has been kept in abeyance vide Ext.P5 which made the petitioner to approach this Court with the following prayers:

"i. To call for the record leading to Ext.P5 and issue a writ in the nature of certiorari to quash the same. ii. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the first respondent to consider and dispose of Ext.P6 with notice to the parties.

iii. To issue a writ in the nature of mandamus or any other appropriate writ, or order or direction commanding the first respondent to continue further proceedings pursuant to Ext.P3, pending disposal of the writ petition." The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the 1st respondent to have Ext.P6 to be considered and disposed of within a reasonable time.

W.P.C. No. 10397 of 2015 -22. Heard the learned Government Pleader as well.

3. After hearing both the sides, the writ petition is disposed of directing the 1st respondent to consider and dispose of Ext.P6 in accordance with law, after giving an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at any rate, within 'two months' 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 1st respondent for further steps.

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

kp/-