J.Sureshkumar Vs. District Collector, Thiruvananthapuram - Court Judgment

SooperKanoon Citationsooperkanoon.com/1132736
CourtKerala High Court
Decided OnMar-03-2014
JudgeHONOURABLE MR.JUSTICE P.N.RAVINDRAN
AppellantJ.Sureshkumar
RespondentDistrict Collector, Thiruvananthapuram
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.n.ravindran monday,the3d day of march201412th phalguna, 1935 wp(c).no. 5475 of 2014 (h) --------------------------- petitioner(s): -------------------------- 1. j.sureshkumar aged60years s/o.m.k.janardhanan nair, flat no.a2, vineeth enclave sreevaraham, thiruvananthapuram.2. s.charulatha d/o.late p.sarojini amma, apra49 'nirala' amita sankar road, kannamoola, thiruvananthapuram-11. by advs.sri.t.krishnanunni (sr.) sri.saju.s.a sri.t.sivadasan smt.p.a.sheeja sri.k.c.kiran respondent(s): ---------------------------- 1. district collector collectorate of thiruvananthapuram, civil station kudappanakunnu, thiruvananthapuram, pin69504.2. sub collector fort thiruvananthapuram, pin69502.3. tahsildar trivandrum taluk, fort thiruvananthapuram, pin69502.4. village officer kadakampally village office thiruvananthapuram dsitrict, pin69500.5. k.vinodkumar t.c.30/243(3), sreesaylam, kallummoodu anayara p.o., trivandrum, pin69500. by senior government pleader smt. m.j.rajasree this writ petition (civil) having come up for admission on0303-2014, the court on the same day delivered the following: wp(c).no. 5475 of 2014 (h) --------------------------- appendix petitioner(s)' exhibits ------------------------------------- exhibit-p1: true copy of the proceedings of the3d respondent dated182.2011. exhibit-p2: true copy of the proceedings of the district collector trivandrum dated38.2011. exhibit-p3: true copy of the report of the village officer, kadakampallydated193.2011 along with annexures. exhibit-p4: true copy of the judgment dated82.2012 in w.p.(c) 1890/2012. exhibit-p5: true copy of the judgment dated43.2013 in writ appeal no.33/2013. exhibit-p6: true copy of the proceedings of the3d respondent dated1712.2011. exhibit-p7: true copy of the application submitted by the petitioners before the district collector, trivandrum dated2012.2011. exhibit-p8: true copy of the application47.2012 submitted by the petitioners before the secretary to government. respondents exhibits: nil /true copy/ p.a. to judge skv p.n.ravindran, j.=-=-=-=-=-=-=-=-=-=-=-=-=-=-= w.p.(c)no.5475 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= dated this the 3rd day of march, 2014 judgment the main relief sought in this writ petition is for an order directing the district collector, thiruvananthapuram to consider and dispose of ext.p7 petition within a time limit to be fixed by this court. the relief sought in ext.p7 petition is to reconsider an earlier decision of the district collector evidenced by ext.p2.2. the pleadings and the materials on record disclose that the petitioners had obtained a legal heirship certificate from the third respondent tahsildar to the effect that they are the legal heirs of sri.damodaran pillai and smt.sarojini amma. the fifth respondent thereupon moved the tahsildar contending that he is the legal heir and therefore, the legal heirship certificate issued to the petitioners is not in order. the third respondent tahsildar conducted an enquiry and cancelled the legal heirship certificate issued to the petitioners by ext.p1 order passed on 18.2.2011. aggrieved thereby, the petitioners filed an appeal before the district collector, thiruvananthapuram and it was rejected by ext.p2 order w.p.(c)no.5475 of 2014 2 dated 3.8.2011. the petitioners had earlier filed a suit challenging the show cause notice issued by the tahsildar before he issued ext.p1 order cancelling the legal heirship certificate. that suit was dismissed holding that the remedy of the petitioners is to reply to the show cause notice and to take up the matter further if they are aggrieved by the decision of the tahsildar. the petitioners thereafter filed ext.p7 representation dated 20.12.2011 seeking a review of ext.p2 order passed by the district collector. later they filed w.p.(c) no.1890 of 2012 in this court challenging exts.p1 and p2 orders and seeking a direction to the district collector to dispose of ext.p7 representation. w.p.(c) no.1890 of 2012 was dismissed by ext.p4 judgment delivered on 8.2.2012 without prejudice to the right of the petitioners to move the competent civil court for appropriate reliefs after entering a finding that the order passed by the tahsildar can only be subject to the decision of the civil court regarding rights of the parties. the petitioners filed w.a.no.33 of 2013 canvassing the correctness of ext.p4 judgment. that writ appeal was dismissed by ext.p5 judgment delivered on 4.3.2013. in such circumstances, as the reliefs sought in the instant writ petition was once declined by this court by ext.p4 judgment and the judgment of the learned single judge was affirmed by the division w.p.(c)no.5475 of 2014 3 bench by ext.p5 judgment, i am of the opinion that the relief prayed for by the petitioner cannot be granted. the writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners' to move the competent civil court for appropriate reliefs. sd/- p.n.ravindran judge vpv/rkc
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY,THE3D DAY OF MARCH201412TH PHALGUNA, 1935 WP(C).No. 5475 of 2014 (H) --------------------------- PETITIONER(S): -------------------------- 1. J.SURESHKUMAR AGED60YEARS S/O.M.K.JANARDHANAN NAIR, FLAT NO.A2, VINEETH ENCLAVE SREEVARAHAM, THIRUVANANTHAPURAM.

2. S.CHARULATHA D/O.LATE P.SAROJINI AMMA, APRA49 'NIRALA' AMITA SANKAR ROAD, KANNAMOOLA, THIRUVANANTHAPURAM-11. BY ADVS.SRI.T.KRISHNANUNNI (SR.) SRI.SAJU.S.A SRI.T.SIVADASAN SMT.P.A.SHEEJA SRI.K.C.KIRAN RESPONDENT(S): ---------------------------- 1. DISTRICT COLLECTOR COLLECTORATE OF THIRUVANANTHAPURAM, CIVIL STATION KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN69504.

2. SUB COLLECTOR FORT THIRUVANANTHAPURAM, PIN69502.

3. TAHSILDAR TRIVANDRUM TALUK, FORT THIRUVANANTHAPURAM, PIN69502.

4. VILLAGE OFFICER KADAKAMPALLY VILLAGE OFFICE THIRUVANANTHAPURAM DSITRICT, PIN69500.

5. K.VINODKUMAR T.C.30/243(3), SREESAYLAM, KALLUMMOODU ANAYARA P.O., TRIVANDRUM, PIN69500. BY SENIOR GOVERNMENT PLEADER SMT. M.J.

RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0303-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5475 of 2014 (H) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE PROCEEDINGS OF THE3D RESPONDENT DATED182.2011. EXHIBIT-P2: TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR TRIVANDRUM DATED38.2011. EXHIBIT-P3: TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KADAKAMPALLYDATED193.2011 ALONG WITH ANNEXURES. EXHIBIT-P4: TRUE COPY OF THE JUDGMENT

DATED82.2012 IN W.P.(C) 1890/2012. EXHIBIT-P5: TRUE COPY OF THE JUDGMENT

DATED43.2013 IN WRIT APPEAL NO.33/2013. EXHIBIT-P6: TRUE COPY OF THE PROCEEDINGS OF THE3D RESPONDENT DATED1712.2011. EXHIBIT-P7: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, TRIVANDRUM DATED2012.2011. EXHIBIT-P8: TRUE COPY OF THE APPLICATION47.2012 SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY TO GOVERNMENT. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE SKV P.N.RAVINDRAN, J.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.5475 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of March, 2014 JUDGMENT

The main relief sought in this writ petition is for an order directing the District Collector, Thiruvananthapuram to consider and dispose of Ext.P7 petition within a time limit to be fixed by this Court. The relief sought in Ext.P7 petition is to reconsider an earlier decision of the District Collector evidenced by Ext.P2.

2. The pleadings and the materials on record disclose that the petitioners had obtained a legal heirship certificate from the third respondent Tahsildar to the effect that they are the legal heirs of Sri.Damodaran Pillai and Smt.Sarojini Amma. The fifth respondent thereupon moved the Tahsildar contending that he is the legal heir and therefore, the legal heirship certificate issued to the petitioners is not in order. The third respondent Tahsildar conducted an enquiry and cancelled the legal heirship certificate issued to the petitioners by Ext.P1 order passed on 18.2.2011. Aggrieved thereby, the petitioners filed an appeal before the District Collector, Thiruvananthapuram and it was rejected by Ext.P2 order W.P.(C)No.5475 of 2014 2 dated 3.8.2011. The petitioners had earlier filed a suit challenging the show cause notice issued by the Tahsildar before he issued Ext.P1 order cancelling the legal heirship certificate. That suit was dismissed holding that the remedy of the petitioners is to reply to the show cause notice and to take up the matter further if they are aggrieved by the decision of the Tahsildar. The petitioners thereafter filed Ext.P7 representation dated 20.12.2011 seeking a review of Ext.P2 order passed by the District Collector. Later they filed W.P.(C) No.1890 of 2012 in this Court challenging Exts.P1 and P2 orders and seeking a direction to the District Collector to dispose of Ext.P7 representation. W.P.(C) No.1890 of 2012 was dismissed by Ext.P4 judgment delivered on 8.2.2012 without prejudice to the right of the petitioners to move the competent civil court for appropriate reliefs after entering a finding that the order passed by the Tahsildar can only be subject to the decision of the civil court regarding rights of the parties. The petitioners filed W.A.No.33 of 2013 canvassing the correctness of Ext.P4 judgment. That writ appeal was dismissed by Ext.P5 judgment delivered on 4.3.2013. In such circumstances, as the reliefs sought in the instant writ petition was once declined by this court by Ext.P4 judgment and the judgment of the learned single Judge was affirmed by the Division W.P.(C)No.5475 of 2014 3 Bench by Ext.P5 judgment, I am of the opinion that the relief prayed for by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners' to move the competent civil court for appropriate reliefs. Sd/- P.N.RAVINDRAN JUDGE vpv/rkc