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Leelama vs the Tahsildar

Leelama vs The Tahsildar

Type Court Judgment Court Kerala Decided Dec 22, 2023
~2 min read
https://sooperkanoon.com/case/1439373

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/43767/2023

Parties & Advocates

Appellant / Petitioner

Leelama

Respondent

The Tahsildar

Excerpt

.....plea that ext.p1 request preferred by his client be directed to be taken up and disposed of by the competent among respondents, within a time frame to be fixed by this court.2. in response, sri.rajeev jyothish george - learnedgovernment pleader, submitted that if the petitioner only requires ext.p1 to be taken up and disposed of in terms of law, there does not appear to be any legal impediment in doing so; but prayed that this court may not make any affirmative declarations on her entitlement to any relief and leave it to the competent authority to take a final decision as per law. in the afore circumstances, i allow this writ petition and direct the competent among respondents to take up ext.p1 request of the petitioner and to dispose of the same, after affording her, as also any other person who may be interested, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. sd/- devan ramachandran, judge dcs appendix petitioner exhibits exhibit-p1 true copy of the request dated 28.10.23 submitted by the petitioner before the 1st respondent exhibit-p2 true copy of the patta dated 19.3.1987 exhibit-p3 true copy of the sale deed no. 1327/89 dated 3.8.1989 of sro, chelakkara

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 PETITIONER: LEELAMA AGED 60 YEARS W/O. ACHANKUNJU P.A, POOTHETHU, PANGARAPPILLY VILLAGE, THRISSUR, PIN - 680586 BY ADVS. B.RENJITHKUMAR CLARA SHERIN FRANCIS SANGEERTHANA M. RESPONDENTS: 1 THE TAHSILDAR THALAPPILLY TALUK OFFICE, VADAKKANCHERRY, PIN - 680623 2 VILLAGE OFFICER PULAAKKODU VILLAGE OFFICE, PANGARAPPILLY, CHELAKKARA, PIN - 680586 BY SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DEVAN RAMACHANDRAN (J) ------------------------------------ W.P.(C) No.43767/2023 -------------------------------------- Dated this the 22nd day of December, 2023

JUDGMENT

Even though various assertions, averments and allegations are made and urged in this Writ Petition, when this matter was called today, learned counsel for the petitioner confined his plea that Ext.P1 request preferred by his client be directed to be taken up and disposed of by the competent among respondents, within a time frame to be fixed by this Court.

2. In response, Sri.Rajeev Jyothish George - learned

Government Pleader, submitted that if the petitioner only requires Ext.P1 to be taken up and disposed of in terms of law, there does not appear to be any legal impediment in doing so; but prayed that this Court may not make any affirmative declarations on her entitlement to any relief and leave it to the competent Authority to take a final decision as per law. In the afore circumstances, I allow this Writ Petition and direct the competent among respondents to take up Ext.P1 request of the petitioner and to dispose of the same, after affording her, as also any other person who may be interested, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN, JUDGE DCS APPENDIX PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE REQUEST DATED 28.10.23 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT-P2 TRUE COPY OF THE PATTA DATED 19.3.1987 EXHIBIT-P3 TRUE COPY OF THE SALE DEED NO. 1327/89 DATED 3.8.1989 OF SRO, CHELAKKARA

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