K.N.Chandrasekharan vs The State Of Kerala

Kerala High Court

K.N.Chandrasekharan vs The State Of Kerala on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
           THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                              WP(C) NO. 18743 OF 2014
PETITIONER/S:
           K.N.CHANDRASEKHARAN
           AGED 70 YEARS
           S/O.LATE KUTTAN NARAYANAN,RESIDING AT
           KAVYANJALI,PAWATHIL ROAD,AYYAPPANKAVU,KOCHI-18.

                  BY ADV SRI.S.MURALI


RESPONDENT/S:

       1          THE STATE OF KERALA
                  REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT
                  GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001.

       2          DISTRICT COLLECTOR,PALAKKAD DISTRICT-678000.

       3          REVENUE DIVISIIONAL OFFICER,PALAKKAD DISTRICT,PIN-
                  678000.

       4          TAHSILDAR,ELAPULLY II,PALAKKAD,PIN-678000.

       5          VILLAGE OFFICER,ELAPULLY II,PALAKKAD,PIN-678000.

       6          GEOLOGIST, DISTRICT OFFFICE OF THE DEPARTMENT OF MINING
                  AND GEOLOGY,PALAKKAD DISTRICT,PIN-678000.

       7          R.VIJAYAN,LAKSHMI BHAVAN,MILMA
                  ROAD,KALLEPPULLY,PALAKKAD,PIN-678000.

       8          K.V.HARIBABU MENON,VADAVATTATH,BHAGYAMANDIRAM,
                  RAMASSERY.P.O,ELAPULLY-678622.

                  BY ADVS.SRI.JACOB SEBASTIAN


OTHER PRESENT:

                  SRI. THUSHARA JAMES (SR GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.18743/2014                   2

                             JUDGMENT

The only substantial relief sought for in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P7 representation. I see no reason as to why the said relief should not be granted to the petitioner.

Accordingly, this writ petition will stand disposed of directing the 2nd respondent to consider and pass orders on Ext.P7 representation after affording an opportunity of hearing to the petitioner and to respondents 7 and 8, if the same has not already been disposed of, within a period of four months from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P. JUDGE acd W.P.(C)No.18743/2014 3 APPENDIX OF WP(C) 18743/2014 PETITIONER EXHIBITS EXT.P1 COPY OF THE AUTHORISATION ISSUED TO PETITIONER BY SREE THRAYAMBESWARA CHARITABLE TRUST DATED 29/7/2005. EXT.P2 COPY OF THE CONSENT LETTER ISSUED BY LATE MACHAT PARVATHY AMMA TO BY SREE THRAYAMBESWARA CHARITABLE TRUST DATED 8/3/2005 EX.P3 COPY OF THE 9 OTHERS STATING FALSELY THAT AYYAPAN KULAM IS OWNED BY HARIBABU AND 9 OTHERS EXT.P4 COPY OF THE POSSESSION CARTIFICATE ISSUED BY P.S.SUKUMARAN,TAHSILDAR,PALAKKAD STATING AYYAPPAN KULAM MEASURINBG 0.7060 HECTARE IS OWNED BY HARIBABU AND 9 OTHERS NO.A2-18558/05 DATED 31/8/2005. EXT.P5 COPY OF THE REVENUE REGISTER EXTRACT ISSUED BY VILLAGE OFFICER,ELAPULLY II STATING AYYAPPAN KULAM IS OWNED BY DEVASWOM DAZTED 24/2/2006 EXT.P6 COPY OF THE QUARRYING PERMIT NO.564/DAP/4045/05/A1 DATED 7/9/2005 ISSUED BY MINING AND GEOLOGY DEPARTMENT,PALAKKAD.

EXT.P7 COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26/6/2014.