Kerala High Court
Vijaya Mohanan Nair vs State Of Kerala on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15260 OF 2024
PETITIONER:
VIJAYA MOHANAN NAIR,AGED 70 YEARS
S/O. VASUDEVAN NAIR, RESIDING AT MAMBAYIL PALAPPALLY
HOUSE, PONAKAM MURI, MAVELIKKARA, ALAPPUZHA DISTRICT.,
PIN - 690101
BY ADVS.
S.K.KRISHNAKUMAR
V.M.MARY HARSHA
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER,CHENGANNUR, ALAPPUZHA
DISTRICT., PIN - 689121
3 THE TAHSILDAR,TALUK OFFICE, MAVELIKKARA, ALAPPUZHA
DISTRICT., PIN - 690101
4 THE SOUTHERN RAILWAY,REPRESENTED BY THE DIVISIONAL
MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, GANDHI
BHAVAN ROAD, THYCAUD, THIRUVANANTHAPURAM., PIN - 695014
5 THE SENIOR DIVISIONAL SECTION ENGINEER,SOUTHERN
RAILWAY, MAVELIKKARA, ALAPPUZHA DISTRICT., PIN - 690101
6 THE SENIOR SECTION ENGINEER [P.WAY],SOUTHERN RAILWAY,
MAVELIKKARA, ALAPPUZHA DISTRICT., PIN - 690101
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.15260 of 2024 2
VIJU ABRAHAM,J
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W.P.(C).No.15260 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the 2nd respondent to consider and pass orders on Ext.P10 appeal which was filed as per the provisions of Rule 18 of the Transfer of Registry Rules, challenging Ext.P9 order wherein the application submitted by the petitioner was rejected.
2. Heard the learned Government Pleader also. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 2nd respondent to take up Ext.P10 appeal submitted by the petitioner and dispose of the same in accordance with law, at the earliest, at any rate, within an outer limit of 2 months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to W.P.(C).No.15260 of 2024 3 the petitioner and any other affected parties.
sd/-
VIJU ABRAHAM, JUDGE pm W.P.(C).No.15260 of 2024 4 APPENDIX OF WP(C) 15260/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED CONVEYANCE DEED NO. 1942 OF 1991 OF SRO, MAVELIKKARA Exhibit P2 A TRUE COPY OF THE AFORESAID REPORT NOA-5 3425/04 DATED 25.08.2004 ALONG WITH THE SKETCH Exhibit P2(a) A TRUE LEGIBLE TYPEWRITTEN COPY OF EXT.P2 Exhibit P3 A TRUE COPY OF THE AFORESAID REPRESENTATION DATED 08.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE AFORESAID REPORT DATED 19.03.2019 ALONG WITH THE MAHAZAR SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE AFORESAID REPORT DATED 04.01.2020 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE TALUK LEGAL SERVICES COMMITTEE, MAVELIKKARA Exhibit P6 A TRUE COPY OF THE AFORESAID LETTER DATED 10.01.2020 ISSUED BY THE VILLAGE OFFICER MAVELIKKARA Exhibit P7 A TRUE COPY OF THE AFORESAID REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 7-9- 2023 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 28948 OF 2023 Exhibit P9 A TRUE COPY OF THE ORDER PASSED BY THE W.P.(C).No.15260 of 2024 5 3RD RESPONDENT DATED 08/11/2023 Exhibit P10 A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT