Jayan vs The District Collector
2021 Latest Caselaw 12196 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                    WP(C).No.1966 OF 2021(U)


PETITIONER/S:

      1      JAYAN, AGED 37 YEARS
             S/O.GOPALAKRISHNA PILLAI, RESIDING AT
             CHERUPUSHPAM HOUSE, PARAKUNNU, NAVAIKULAM DESOM,
             NAVAIKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT
             - 695 603.

             BY ADV. SRI.R.N.SANDEEP

RESPONDENT/S:

      1       THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, 2ND
              FLOOR CIVIL STATION BUILDING, CIVIL STATION
              ROAD, THIRUVANANTHAPURAM,
              KERALA - 695 043.

      2       VILLAGE OFFICER NAVAIKULAM
              PALLIKKAL ROAD, NAVAIKULAM, KERALA - 695 603.

      ADDL. BINU,AGED ABOUT 42 YEARS, S/O SANTHAMMA,
      R3    RESIDING AT AMBADY, PARAKUNNU, NAVAIKULAM DESOM,
            NAVAIKULAM VILLAGE,
            THIRUVANANTHAPURAM DISTRICT - 695603

      ADDL. BIJU, AGED ABOUT 40 YEARS, S/O SANTHAMMA,
      R4    RESIDING AT AMBADY, PARAKUNNU, NAVAIKULAM DESOM,
            NAVAIKULAM VILLAGE,
            THIRUVANANTHAPURAM DISTRICT - 695603

              (ADDL.R3 AND ADDL.R4 ARE IMPLEADED AS PER ORDER
              DATED 9/02/2021 IN I.A.NO.1/2021 IN W.P.(C)
              1966/2021)

             R4 BY ADV. SRI.S.JATHIN DAS
             BY SMT.DEEPA N., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.1966/2021

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                P.V.KUNHIKRISHNAN, J.
     -----------------------------------------
               WP(C) No. 1966 of 2021
     -----------------------------------------
       Dated this the 23rd day of April, 2021



                            JUDGMENT

The above writ petition is filed with the

following prayers;

"A) To issue a writ of mandamus or any writ, order or direction to the second respondent to consider the Exhibit P2 and P4 representation filed by the petitioner;

B) To declare that the second respondent has no manner of right to mutate the property validly and lawfully used by the petitioner as their pathway.

C) To declare that Exhibit P3 mutation by the second respondent is illegal and against law;

D) To issue a writ of certiorari or any writ order or direction to call for the records leading to the passing of Exhibit P3 mutation and to quash the same; Or

E) To issue a writ of mandamus or any other appropriate writ order or direction directing the first respondent to dispose of Exhibit P2 and P4 representations within a stipulated time with notice to the petitioner and others whom effected by the decision of 2nd respondent.

F) Pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the WP(C) No.1966/2021

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case;

G) To award the cost of this petition."

2. When the matter came up for consideration, the

learned counsel for the petitioner submitted

that the petitioner will be satisfied if a

direction is issued to the 1st respondent to

consider Exts.P2 and P4.

3. Heard the Government Pleader also.

4. I think the above prayer can be allowed. The

learned counsel for the petitioner submits

that in a connected matter [WP(C) No. 679 of

2021], this Court directed the 1st respondent

to consider the representation. Ext.P2

originally submitted before the Sub Collector,

Thiruvananthapuram is forwarded to the 2nd

respondent. Similarly, Ext.P4 is addressed to

the RDO, Thiruvananthapuram.

Therefore, this writ petition is disposed of

with the following directions;

(1) The 2nd respondent to forward Ext.P2 to the

1st respondent within one month from the date WP(C) No.1966/2021

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of receipt of a copy of this judgment.

(2) The officer concerned, before whom Ext.P4

is pending, will forward the same to the 1 st

respondent within one month.

(3) The 1st respondent, thereafter, will

consider the same in accordance to law after

hearing the petitioner and all affected

parties within another two months from the

date of receipt of Exts.P2 and P4.

(4) The petitioner will produce a copy of this

judgment with the copy of the writ petition

before the 1st and 2nd respondents.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE Bka/23.04.2021 WP(C) No.1966/2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PARTITION DEED NO.956/1970 OF NAVAIKULAM SRO.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 14/11/2017 BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE MUTATION DOCUMENTS IN THE NAME OF BIJU AND BINU.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 23/02/2020 PREFERRED BY THE PETITIONER BEFORE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 28/02/2020 IN WP(C) NO.17021 OF 2019.