Shirly, vs State of Kerala,

Type Court Judgment Court Kerala Decided Sep 13, 2021

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Citation: sooperkanoon.com/1674089
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Sep 13, 2021
Case Number: WP(C)/18744/2021

Parties & Advocates

Appellant / Petitioner

Shirly,

Respondent

State of Kerala,

Excerpt

.....that this is what she has requested in ext.p1. the petitioner therefore, prays that necessary orders on ext.p1 be directed to be issued by the respondents at the earliest.2. sri.t.p.sajan, learned special government pleaderappearing for the respondents, submitted that there is no legal impediment ext.p1 being taken up and disposed of; but prayed that this court may not make any affirmative declaration as to the entitlement of the petitioner to any relief and leave it to the competent authority to take a decision on it in terms of law.taking note of the afore submissions and without entering into the merits of any of the contentions of the petitioner, i allow this writ petition and direct the competent respondent to take up ext.p1 and dispose it of, after affording her an opportunity of being heard; thus culminating in an appropriate order thereon, as expeditiouslyas is possible but not later than one month from the date of receipt of a copy of this judgment. sd/- devan ramachandran judge rp appendix of wp(c) 18744/2021 petitioner exhibits exhibit p1 true copy of the application submitted by the petitioner on 21.12.2017 with receipt issued by the taluk office. exhibit p2 true copy of the application submitted by the petitioner before the village officer dated 27.11.2019 with village officers report. exhibit p3 true copy of the certificate no. 782/16 issued by the 3rd respondent to the petitioner dated 10.3.2016.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 PETITIONER: SHIRLY, AGED 51 YEARS W/O. BALACHANDRAN, PAMBUNGAL HOUSE, THEKKUMPADOM, PATTIKKAD P.O., THRISSUR 680 652. BY ADV P.K.BABU RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE (L) DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2 TAHSILDAR, TALUK OFFICE CHEMBUKAVU, TOWN HALL WEST PALACE ROAD, THRISSUR 680 020. 3 THE VILLAGE OFFICER, PEECHI, THRISSUR DISTRICT 680 653. 4 DIVISIONAL FOREST OFFICER, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA 680003. OTHER PRESENT: SMT. AMMINIKUTTY - SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner makes a singular plea that the respondents be directed to take up Ext.P1 request of hers and issue appropriate orders thereon within a time frame to be fixed by this Court. The petitioner asserts that she is entitled to be assigned land, to the extent of two Acres in Sy.No.3385/P of Peechi Village and that this is what she has requested in Ext.P1. The petitioner therefore, prays that necessary orders on Ext.P1 be directed to be issued by the respondents at the earliest.

2. Sri.T.P.Sajan, learned Special Government Pleader

appearing for the respondents, submitted that there is no legal impediment Ext.P1 being taken up and disposed of; but prayed that this Court may not make any affirmative declaration as to the entitlement of the petitioner to any relief and leave it to the competent Authority to take a decision on it in terms of law.

Taking note of the afore submissions and without entering into the merits of any of the contentions of the petitioner, I allow this writ petition and direct the competent respondent to take up Ext.P1 and dispose it of, after affording her an opportunity of being heard; thus culminating in an appropriate order 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 rp APPENDIX OF WP(C) 18744/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 21.12.2017 WITH RECEIPT ISSUED BY THE TALUK OFFICE. Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER DATED 27.11.2019 WITH VILLAGE OFFICERS REPORT. Exhibit P3 TRUE COPY OF THE CERTIFICATE NO. 782/16 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.3.2016.

Same Court & Year Kerala · 2021 Same Parties Shirly, vs State of Kerala, Same Judge Honourable Mr. Justice Devan Ramachandran