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High Court of KeralaWP(C)/32164/2015disposed of

Mary v. State Of Kerala

2015-10-214 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 WP(C).No. 32164 of 2015 (U) --------------------------------------- PETITIONER:

------------------ MARY, AGED 42 YEARS, W/O. WILSON K.D., KARAYAMPARAMBIL (H), MARATHAKARA, PRESENTLY RESIDING AT 13/320, CGS QUARTERS, TYPE.C, SECTOR VII, SM PLOT, ANTOP HILL, MUMBAI - 400 037.

BY ADVS. SRI. LINDONS C.DAVIS SMT. E.U.DHANYA RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR - 680 003.

3. SPECIAL TAHASILDAR (LAND REFORMS), OFFICE OF SPECIAL TAHASILDAR (LAND REFORMS), THRISSUR - 680 020.

4. VILLAGE OFFICER, VILLAGE OFFICE, MARATHAKARA - 680 002.

BY SENIOR GOVERNMENT PLEADER SRI. BIJU MEENATTUR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32164 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P-1:

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.05.2015 ISSUED BY VILLAGE OFFICER, MARATHAKKARA.

EXT. P-2:

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 03.03.2015 FOR CONVERTING THE LAND TO "JANAMAM" IN FAVOUR OF THE PETITIONER.

EXT. P-3:

TRUE COPY OF THE ACKNOWLEDGMENT FROM THE OFFICE OF THE 3RD RESPONDENT DATED 15.06.2015.

RESPONDENT(S)' EXHIBITS - NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE ww

ANIL K. NARENDRAN, J.

--------------------------------------------- W.P.(C). No. 32164 of 2015 --------------------------------------------- Dated this the 21st day of October, 2015

JUDGMENT

The petitioner who is stated to in possession and enjoyment of 0.0223 hectors of land in Sy. No.34/81 of Marathakkara Village in Thrissur District has filed this writ petition seeking a writ of mandamus commanding the 3rd respondent to consider and pass appropriate orders on Ext.P2 application within a time limit fixed by this Court. 2.

He has also sought for a writ of mandamus commanding the 3rd respondent to grant purchase ceritificate as sought for in Ext.P2 application. 3.

Heard arguments of the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

4.

Considering the fact that Ext.P2 application submitted by the petitioner is still pending consideration

W.P.(C). No. 32164 of 2015 before the 3rd respondent, which is evident from Ext.P3, I deem it appropriate to dispose of this writ petition without going into the merits of the case.

5.

In the result, this writ petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on Ext.P2 application, strictly in accordance with law, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a certified copy of this judgment. It is made clear that, this Court has not expressed anything on the merit of the claim made by the petitioner in Ext.P2 and it is for the said respondent to take appropriate decision in the matter, strictly in accordance with law.

Sd/- ANIL K. NARENDRAN JUDGE ww