Prasad v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12333 of 2015 (N) -------------------------------------------- PETITIONER(S):

-------------------------- PRASAD, AGED 42 YEARS S/O. GOPALAN, KADAYILVEEDU MARAKKADAMUKKU, VARKALA, THIRUVANANTHAPURAM BY ADVS.SRI.K.P.SUJESH KUMAR SMT.KEERTHI K.NARAYANAN RESPONDENT(S):

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

THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001 2.

THE REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM - 695 001 3.

ADDITIONAL TAHSILDAR, CHIRAYINKIL TALUK THIRUVANANTHAPURAM - 695 301 4.

TAHSILDAR, VARKALA TALUK, THIRUVANANTHAPURAM- 695 033 R BY GOVERNMENT PLEADER, SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12333 of 2015 (N) -------------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------------- EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT IN KLC No.3/10, DATED 11.08.2011.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT IN KLC No.74/2007, DATED 11.08.2011.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT IN D-26366/11/D.DIS, DATED 16.01.2015.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE FOURTH RESPONDENT DATED 27.02.2015.

EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE FOURTH RESPONDENT DATED 02.03.2015.

EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF REVISION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITHOUT ANNEXURES, DATED 07.04.2015.

RESPONDENT'S EXHIBITS:- -------------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 12333 of 2015 ===================================================== Dated this the 10th day of April, 2015

JUDGMENT

Against Exts.P1 and P2 orders imposing a fine on the petitioner under the Kerala Land Conservancy Act, the petitioner had preferred appeals before the Appellate authority. By Ext.P3 appellate order, the Appellate authority found against the petitioner. Aggrieved by the said order, the petitioner has preferred Ext.P6 revision before the 1st respondent. It is the prayer of the petitioner that this Court may direct the 1st respondent o consider and pass orders on the revision petition expeditiously and in the meanwhile, further action pursuant to Exts.P4 and P5 notices may be kept in abeyance.

2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6 revision filed by the petitioner before him within a period of two months from the date of receipt of a copy of this

-2W.P.(C). No. 12333 of 2015 judgment, after hearing the petitioner. It is made clear that further proceedings pursuant to Exts.P4 and P5 shall be kept in abeyance till such time as the 1st respondent passes orders on Ext.P6 revision and communicates the same to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das