High Court of KeralaWP(C)/11640/2015disposed of

Petricia Kevin Xavier @ Manju v. The District Collector, Thiruvananthapuram

2015-04-10Honourable Mr.Justice P.R.Ramachandra Menon3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).NO. 11640 OF 2015 (D) ---------------------------- PETITIONER(S):

-------------------------- PETRICIA KEVIN XAVIER @ MANJU, D/O.MARY XAVIER @ LENAMMAL, AGED 38 YEARS, MANJU BHAVAN, POZHIYOOR DESOM, KULATHOOR VILLAGE, NEYYATTINKARA TALUK.

BY ADV. SRI.G.SUDHEER.

RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM - 695 001.

2. THE ADDITIONAL TAHSILDAR, NEYYATTINKARA TALUK OFFICE, NEYYATTINKARA-695 121.

3. THE VILLAGE OFFICER, KULATHOOR VILLAGE, KULATHOOR P.O., NEYYATTINKARA-695 121.

4. WILVET, S/O.MANUEL, MANJU BHAVAN, POZHIYOOR P.O, NEYYATTINKARA-695 121.

R1 TO R3 BY SR. GOVT. PLEADER SRI.K.C. VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).NO. 11640 OF 2015 (D) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 - TRUE COPY OF THE SETTLEMENT DEED NO.1967/98 OF KULATHOOR SUB REGISTRY EXECUTED BY PETITIONER'S MOTHER MARY XAVIER @ LENAMMAL DATED 11.09.1998.

EXT.P2 - TRUE COPY OF THE JUDGMENT IN OP NO.18979/1996 PASSED BY THIS HONOURABLE COURT DATED 04.04.1997.

EXT.P3 - TRUE COPY OF THE RELEASE DEED NO.473/99 EXECUTED BY WILSON MIRANDA DATED 05.03.1999.

EXT.P4 - TRUE COPY OF THE TAX RECEIPT DATED 20.08.2013 ISSUED BY THE VILLAGE OFFICER, KULATHOOR.

EXT.P5 - TRUE COPY OF THE COMMON JUDGMENT DATED 03.06.2011 IN RSA NOS.1040/2004 & 1041/2004 PASSED BY THIS HONOURABLE COURT.

EXT.P6 - TRUE COPY OF THE AMIN REPORT IN OS NO.674/1999 OF THE 2ND ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.

EXT.P7 - TRUE COPY OF THE SALE DEED NO.199/05 DATED 02.02.2005 IN FAVOUR OF THE 4TH RESPONDENT.

EXT.P8 - TRUE COPY OF THE PLAINT IN OS NO.521/2011 FILED BY THE 4TH RESPONDENT DATED 18.01.2011 BEFORE THE MUNSIFF COURT, NEYYATTINKARA.

EXT.P9 - TRUE COPY OF THE ORDER NO.G.3/67366/10 DATED 25.02.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P10 - TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.03.2015.

EXT.P11 - TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18-03-2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 11640 of 2015 ------------------------------------------- Dated this the 10th day of April, 2015

J U D G M E N T

Being aggrieved of Ext.P9 order passed by the 2nd respondent the petitioner has moved the 1st respondent by filing Ext.P10. Prayer is to cause the same to be considered and disposed of within a reasonable time.

Heard the learned Government Pleader as well. 3.

Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case or to issue notice to the 4th respondent. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P10. It shall be done, after affording an opportunity of hearing to the petitioner and the 4th respondent, 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.