Chandrika v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 10988 of 2015 (W) ------------------------------------------- PETITIONER(S) :

------------------------- CHANDRIKA, AGED 56 YEARS, W/O.RAJAN, RESIDING AT "RAJASREE", NADUKKARI NIKARTHIL, KANJIRAMATTOM P.O., ERNAKULAM, PIN- 682 315.

BY ADV. SMT.MINI.V.A.

RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, ERNAKULAM-682 030.

2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM-682 011.

3. THE VILLAGE OFFICER, AMBALLUR VILLAGE, AMBALLUR, ERNAKULAM DISTRICT-682 315.

4. THE SUPERINTENDENT OF RESURVEY, CIVIL STATION, KAKKANAD-682 030.

BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 10988 of 2015 (W) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE SALE DEED NO.2924/1/1993 DATED 17.12.1993. EXHIBIT-P2: TRUE COPY OF THE TAX RECEIPT DATED 27.12.1993. EXHIBIT-P3: TRUE COPY OF THE TAX RECEIPT DATED 13.12.2007. EXHIBIT-P4: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 09.04.2008 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P5: TRUE COPY OF THE APPLICATION DATED 27.08.2014 SUBMITTED BEFORE THE 1ST RESPONDENT.

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

Msd.

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.10988 OF 2015 ......................................................................... Dated this the 6th April, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) issue a writ of mandamus or any other writ, order or direction directing the first respondent to consider and pass orders on Ext.P5 within a time frame; And ii) pass such other further orders as this Honourable Court deems fit and proper in the facts and circumstances of this case."

2. When the matter is taken up for consideration, the learned Counsel for the petitioner submits that the grievance of the petitioner has already been projected by filing Ext.P5 application before the first respondent/ District Collelctor , which is still to be acted upon. The only prayer raised before this Court is for issuance of a direction to the first respondent to cause the same to be considered and disposed of 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 first

W.P.(C)No.10988 OF 2015 respondent/District Collector to consider Ext.P5 application at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment, after affording an opportunity of hearing to the petitioner. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps.

P.R.RAMACHANDRA MENON JUDGE lk