Mohandas P.P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 14582 of 2015 (S) ---------------------------- PETITIONER(S) :- ----------------- MOHANDAS P.P., AGED 53 YEARS S/O.ACHUNNI, 'CHAITHRAM', POLPAKARA EDAPPAL, MALAPPURAM DISTRICT.
BY ADVS.SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SRI.DENNIS VARGHESE RESPONDENT(S) :- -----------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO TAXES REGISTRATION THIRUVANANTHAPURAM-695 001.
2. DISTRICT COLLECTOR, MALAPPURAM-676 505.
3. SUB REGISTRAR, SUB REGISTRAR'S OFFICE, THATTANPADI, EDAPPAL, MALAPPURAM DISTRICT-679 576.
4. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, PONNANI MALAPPURAM DISTRICT-679 577.
5. EDAPPAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, EDAPPAL MALAPPURAM DISTRICT-679 576.
6. SAINUDDIN, S/O.KARIMANKUZHIYIL KUNHAMMAD HAJI, KADANCHERI.P.O., KALADY PANCHAYAT, PONNANI MALAPPURAM DISTRICT-679 582.
R1 TO R4 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14582 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1- PHOTOSTAT COPY OF THE ORDER NO.G.O.(RT.)NO.796/2014 DATED 07.10.2014 ISSUED BY GOVERNMENT.
EXT.P2- PHOTOSTAT COPY OF THE REPRESENTATION. EXT.P3- PHOTOSTAT COPY OF THE REPRESENTATION DATED 10.4.2015 GIVEN TO THE 2ND RESPONDENT.
EXT.P4- PHOTOSTAT COPY OF THE ORDER ISSUED BY GOVERNMENT DATED 26.2.2015.
EXT.P5- PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT REGISTRAR(GENERAL) MALAPPURAM TO THE PRESENT LAND LORD OF THE BUILDING DATED 25.4.2015.
RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.14582 of 2015 ------------------------------------- Dated this the 21st day of May 2015
J U D G M E N T
Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader.
2.
This public interest litigation has been filed by the petitioner, who claims to be a public inspirated person. Grievance has been raised with regard to shifting of Sub Registrar's office, Thattanpadi, Edappal from the present location. Government Order dated 7.10.2014 was issued for shifting of the office to another premise in the same Panchayat.
Although the implementation of the order was put in abeyance by the Government, the said order has been withdrawn and now, steps have been taken to shift the same.
3.
The case of the petitioner is that the existing land owner has no objection in continuing the office in the same building and further, on a higher rent, a premise has been taken to shift the office of the Sub Registrar.
W.P.(C) No.14582 of 2015 -: 2 :- 4.
We are of the view that the issue as to whether the office is to be shifted or not is basically in the domain of administrative authorities and there are no such ground in the writ petition so as to enable the High Court to exercise its jurisdiction under Article 226 of the Constitution of India for interdicting the Government Order for shifting the office of the Sub Registrar. There is no ground to entertain this public interest litigation. It is hence, dismissed.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt