K.G.Venugopal v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11876 of 2015 (H) ---------------------------------------- PETITIONER(S):

---------------------- K.G.VENUGOPAL, AGED 67 YEARS, S/O.GOPINATHAN NAIR, LATE USHA KIRAN, KARUMBHAGOM, THIRUVALLA, PIN-689102.

BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S):

------------------------- 1.

THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM, PIN-686002.

2.

THE REVENUE DIVISIONAL OFFICER, KOTTAYAM-686001. 3.

THE AGRICULTURAL OFFICER, CHANGANACHERY-686101. 4.

VILLAGE OFFICER, KURICHY VILLAGE, CHANGANACHERY-686101. BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 11876 of 2015 (H) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE TAX RECEIPT DATED 8/8/14 ISSUED BY R4 P1(A): COPY OF TAX RECEIPT DATED 8/8/14 ISSUED BY R4 P1(B): COPY OF TAX RECEIPT DATED 8/8/14 ISSUED BY R4 P1(C): COPY OF TAX RECEIPT DATED 8/8/14 ISSUED BY R4 P2:

COPY OF RELEVANT PAGE OF DATA BANK P3:

COPIES OF PHOTOGRAPHS P4:

COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R2 DATED 25/3/15 RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 11876 of 2015 ------------------------------------------- Dated this the 9th day of April, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayer:

"i) To issue a writ of Mandamus or other appropriate writ, direction or order directing the Respondents to permit the petitioner and other co-owners to use the property comprised in Re-Sy Nos 379/4-4, 379/4-1, 379/5, 379/1-2, 377/5-2, 379/8, 379/4-5, 379/5-3, 379/4-3, 379/5-4, 379/3 and 379/4-2 of Kurichy Village for non-agrarian purpose in accordance with law as requested in Ext.P-4.

ii) To issue a writ of Mandamus directing second Respondent to take a decision on Exhibit P-4 in accordance with law without any delay in the interest of justice.

iii) To issue such other writ, direction or order as this Hon'ble court deems fit and proper in the circumstances of the case."

2.

The learned counsel for the petitioner submits that, the grievance of the petitioner has also been projected by way of Ext.P4 representation and that the petitioner will be satisfied, if a direction is given to the 2nd respondent to have it considered and finalized within a reasonable time.

WP(c). No.11876 of 2015 3.

Heard the learned Government Pleader as well. 4.

After hearing both the sides, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P4, in accordance with law, also in the light of the ruling rendered by the Supreme Court in Revenue Divisional Officer v. Jalaja Dileep [2015 (1) KLT 984 (SC)] and that of a Division Bench decision of this Court in Adani Infrastructure & Developers Pvt. Ltd. v. State of Kerala (2015 (1) KLT 651) to the extent it applicable, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'three 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 2nd respondent for further steps.

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

Pn