Peter vs the District Collector

PETER vs The District Collector

Type Court Judgment Court Kerala Decided Apr 05, 2024

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https://sooperkanoon.com/case/1301388

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Citation: sooperkanoon.com/1301388
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 05, 2024
Case Number: WP(C)/24631/2013

Parties & Advocates

Appellant / Petitioner

PETER

Respondent

The District Collector

Excerpt

.....appropriate writ, order or direction commanding the 2nd respondent to complete all process of assignment of property having an extent of 23.310 ares of land in sy.no. 408/8, 408/11 of arakkappady village as per exhibit p1 order to the petitioner and his wife sarakutty within time specified by this honourable court. b) issue of such other writ order of direction as may be necessary in the facts and circumstances of the case.” sic2. when this writ petition came up forconsideration, the learned counsel appearing for the petitioner submitted that, the petitioner will be satisfied, if a direction is issued to the 2 nd respondent to consider ext.p2.3. heard the learned counsel appearing for the petitioner and the learned government pleader.4. after hearing both sides, i think, there canbe a direction to the 2nd respondent to consider ext.p2, if the same is received and pending as on today. therefore, this writ petition is disposed of with the following directions: i. the 2nd respondent is directed to consider and pass appropriate orders in ext.p2, after giving an opportunity of hearing to the petitioner, if the same is received and pending as on today, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. ii. the petitioner will produce a certified copy of the judgment along with a copy of the writ petition with exhibits before the 2nd respondent for compliance. sd/- p.v.kunhikrishnan nvj judge appendix of wp(c) 24631/2013 petitioner exhibits ext.p-1: a true copy of the order l-2 collector ernakulam dated 14.11.2008ext.p-2: a true copy of representation submitted by the petitioner before the 2nd respondent dated 27.9.2013 ext.p-3: the receipt for accepting exhibit p2 representation dated 27.9.2013 respondents exhibits : nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 PETITIONER: PETER K V AGED 52 YEARS S/O.K.P.VARGHESE, KOLLAMKUDIYIL HOUSE, VENGOLA P.O ARAKKAPPADY, ERNAKULAM DISTRICT, PIN - 683 556 BY ADV SRI.PAUL K.VARGHESE RESPONDENTS: 1 THE LAND REVENUE COMMISSIONER, OPPOSITE MUSIUM, TRIVANDRUM - 695 001 2 THE DISTRICT COLLECTOR KAKKANAD, CIVIL STATION, ERNAKULAM DISTRICT, PIN : 682 030 3 ADDL.R3. THE SECRETARY REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-01. ( ADDL.R3 IS IMPLEADED AS PER ORDER DATED BY ADV. SRI. RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------------------- W.P.(C) No.24631 of 2013 ---------------------------------------------- Dated this the 05th day of April, 2024

JUDGMENT

The above writ petition is filed with the following prayers:

“a) Issue a Writ of Mandamus or other appropriate writ, order or direction commanding the 2nd respondent to complete all process of assignment of property having an extent of 23.310 ares of land in Sy.No. 408/8, 408/11 of Arakkappady Village as per Exhibit P1 order to the petitioner and his wife Sarakutty within time specified by this Honourable court. b) Issue of such other writ order of direction as may be necessary in the facts and circumstances of the case.” SIC

2. When this writ petition came up for

consideration, the learned counsel appearing for the petitioner submitted that, the petitioner will be satisfied, if a direction is issued to the 2 nd respondent to consider Ext.P2.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. After hearing both sides, I think, there can

be a direction to the 2nd respondent to consider Ext.P2, if the same is received and pending as on today. Therefore, this writ petition is disposed of with the following directions: i. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P2, after giving an opportunity of hearing to the petitioner, if the same is received and pending as on today, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. ii. The petitioner will produce a certified copy of the judgment along with a copy of the writ petition with exhibits before the 2nd respondent for compliance. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 24631/2013 PETITIONER EXHIBITS EXT.P-1: A TRUE COPY OF THE ORDER L-2 COLLECTOR ERNAKULAM DATED 14.11.2008

EXT.P-2: A TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.9.2013 EXT.P-3: THE RECEIPT FOR ACCEPTING EXHIBIT P2 REPRESENTATION DATED 27.9.2013 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2024 Same Parties PETER vs The District Collector Same Judge Honourable Mr. Justice P.V.Kunhikrishnan