High Court of KeralaWP(C)/27446/2015disposed of

Catherine Thomas v. District Collector

2015-09-11Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27446 of 2015 (E) ---------------------------------------- PETITIONER(S):

--------------------- CATHERINE THOMAS, 1-C AMBER PARK, CANNON SHED ROAD, KOCHI-682011.

BY ADV. SMT.NISHA JOHN RESPONDENT(S):

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

DISTRICT COLLECTOR, WAYANA DISTRICT, COLLECTORATE, KALPETTA-673121.

STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27446 of 2015 (E) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN SHRI.K.N.POTHEN AND K.T.THOMAS DATED 6/4/96 EXT.P2 A TRUE COPY OF THE JUDGMENT DATED 6/5/06 IN FAO 3/06 EXT.P3 A TRUE COPY OF THE PETITION DATED 16/4/15 (WITHOUT ENCLOSURES).

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

................................................. W.P.(C) No. 27446 of 2015 (E) ............................................... Dated this the 11th day of September, 2015

JUDGMENT

The petitioner, who is aggrieved by non-consideration of Ext.P3 petition by the 1st respondent/District Collector in his capacity as a District Magistrate under Section 145 of Code of Criminal Procedure, has approached this Court. 2.Heard the learned Government Pleader for the respondents as well.

3.The petitioner alleges breach of peace on account of the dispute concerning a land.

4.Considering the facts and circumstances, this Court is of the view that, Ext.P3 shall be considered by the 1st respondent, after conducting necessary enquiry and also affording an opportunity of hearing to all the parties including the petitioner and take into a logical conclusion,

W.P.(C) No. 27446 of 2015 (E) in accordance with law. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE AMV/11/09/