V.Rajappan v. State Of Kerala

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.11632 of 2015 (D) PETITIONERS:

1.

V.RAJAPPAN,S/O.VELLAYMBAN,AGED 54 YEARS, 'USUS',THEMPAMUTTAM,ATHIYANOOR VILLAGE, BALARAMAPURAM,THIRUVANANTHAPURAM-695501.

2.

SUMAKUMARI,W/O.RAJAPPAN,'USHUS', THEMPAMUTTAM,ATHIYANOOR VILLAGE, BALARAMAPURAM,THIRUVANANTHAPURAM-695501.

3.

JAYANKUMAR.S.K,S/O.SASIKUMAR,RESIDING AT VADAKKUMKARA PUTHEN VEEDU, PEZHUOORKONAM,THEMPAMUTTAM, ATHIYANOOR VILLAGE,BALARAMAPURAM, THIRUVANANTHAPURAM-695001.

4.

A.J.SASIKUMAR,S/O.AYYAPPAN, VADAKKUMKARA PUTHEN VEEDU, PEZHUOORKONAM,THEMPAMUTTAM, ATHIYANOOR VILLAGE,BALARAMAPURAM, THIRUVANANTHAPURAM-695001.

5.

S.K.JOYKUMAR,S/O.A.J.SASIKUMAR, 'NANDANAM',PULIYOORKONAM, PAYATTUVILA P.O.,ATHIYANOOR VILLAGE, BALARAMAPURAM,THIRUVANANTHAPURAM-695501.

BY ADV.SMT.I.SHEELA DEVI RESPONDENT'S:

1.

STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2.

DISTRICT COLLECTOR,COLLECTORATE, THIRUVANANTHAPURAM-695001.

3.

REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM-695001.

R1 TO R3 BY SENIOR GOVT. PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

W.P(C) NO.11632/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE DEATH CERTIFICATE OF AUGUSTINE ALIAS ACHUTHAN.

EXT.P1(a):TRUE COPY OF THE APPLICATION FOR MUTATION DATED 2.6.1998 SUBMITTED BY THE AUGUSTINE.

EXT.P1(b):TRUE COPY OF THE RELEASE DEED DATED 21.10.2009 BY AUGUSTINE'S FAMILY MEMBERS.

EXT.P1(c):TRUE COPY OF THE THANDAPPER ACCOUNT. EXT.P2:TRUE COPY OF THE APPLICATION DATED 19.5.2013 TO THE PUBLIC INFORMATION OFFICER.

EXT.P2(a):TRUE COPY OF THE REPLY NO.LRB3-20641/2013 DATED 30.5.2013 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER DASAYYAN. EXT.P3:DELETED EXT.P4:TRUE COPY OF THE APPLICATION FOR MUTATION SUBMITTED BY THE 3RD PETITIONER AND HIS WIFE.

EXT.P4(a):TRUE OF THE RELEVANT PAGE OF FORM A OF THE VILLAGE. EXT.P5:A TRUE COPY OF THE ORDER NO.D.DIS/14564/2012/B1 DATED 10.4.2014 ISSUED BY THE REVENUE DIVISIONAL OFFICER,THIRUVANANTHAPURAM TO THE PETITIONERS. EXT.P6:A TRUE COPY OF THE REVISION PETITION R.P.NO.34301/2013 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM DATED 22.4.2014. EXT.P7:A TRUE COPY OF ORDER NO.D18/33788/2013 DATED 9.3.2005 ISSUED BY THE DISTRICT COLLECTOR TO THE PETITIONERS.

EXT.P8:A TRUE COPY OF THE INTERIM ORDER DATED 20.7.2014 ISSUED BY THE DISTRICT COLLECTOR TO THE PETITIONERS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 11632 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April, 2015

JUDGMENT

Being aggrieved of Ext. P5 order dated 10.04.2014 passed by the 3rd respondent, the petitioner has moved the second respondent, by way of Ext. P6 revision petition. The only prayer now pressed before this Court is to cause the same to be considered within a reasonable time.

2. Heard the learned Government Pleader as well.

3. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the matter on merit. The writ petition is disposed of, directing the second respondent to consider and pass appropriate orders on Ext. P6 revision petition, in accordance with law, 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 this judgment along with copy of the writ petition before the second respondent for further steps.

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