Unknown vs By Adv. Sri.L.Rajesh Narayan
2021 Latest Caselaw 12237 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.9766 OF 2021(U)


PETITIONER

               SHAJPRASHANTH K.A,
               AGED 49 YEARS,
               S/O.RAMACHANDRAN, HARISREE, UPPAYICHAL,
               AZHIKODE P.O., KANNUR-670 009.

               BY ADV. SRI.L.RAJESH NARAYAN

RESPONDENTS:

      1        DISTRICT COLLECTOR,
               COLLECTORATE ROAD, THAVAKKARA, KANNUR-670 002.

      2        SPECIAL DEPUTY TAHSILDAR,
               L.A (N.H.A.I) KANNUR,
               TALIPARAMBA & COMPETENT AUTHORITY, KANNUR-670
               141.

      3        ARUVAMBALLY PUTHIYA PURAYIL JAFFINA,
               JAFFINA HOUSE, KAMBIL P.O., KOLACHERY,
               KANNUR-670 601.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC No. 9766/2021                        2




                             P.V.KUNHIKRISHNAN, J
                         ----------------------------------
                           W.P.(C.) No. 9766 of 2021
                             --------------------------------
                      Dated this the 23rd day of April, 2021


                                   JUDGMENT

The above writ petition is filed mainly with a prayer to

issue appropriate direction to the 1st respondent to consider

Ext.P2 representation expeditiously.

2. The petitioner had established a village industrial

unit under the Margin Money Grant Scheme of Kerala Khadi

and Village Industries Board (Rural Employment Generation

Programme of Khadi and Village Industries Commission) in

August 2000 in the field of software and website development.

According to the petitioner, the unit was shifted to a rental

building having close proximity to the National Highway in

ground floor of Thavakkara complex, Kannur. Since the

petitioner faced certain difficulties in payment of rent, the

unit was shifted to building No.453 in ward No.10 of

Kalliasssery Grama Panchayat, which was owned by K.P.Abdul

Samad, s/o Moidu Haji as per a rental agreement executed

21/1/2011. The Village industrial unit is functioning in the

building since 15.2.2011. The 3rd respondent is the present

owner of the building. The grievance of the petitioner is that

as per Ext.P1 letter issued by the 2 nd respondent, the

petitioner is now forced to hand over the vacant possession of

the property including the building legally in occupation of the

petitioner, without providing any opportunity of hearing to the

petitioner. Ext.P1 is addressed to the 3 rd respondent.

Aggrieved by the same, the petitioner submitted Ext.P2

representation before the 1st respondent. The grievance of the

petitioner is that the petitioner will be evicted from the

building, without considering Ext.P2.

3. Heard counsel for the petitioner and the learned

Government Pleader.

4. In the facts and circumstances of this case, no notice

is necessary to the 3 rd respondent, at this stage. According to

me, this writ petition can be disposed directing the 1 st

respondent to consider Ext.P2 representation after giving an

opportunity of hearing to the petitioner and the 3rd despondent.

Therefore, this writ petition is disposed, directing the 1 st

respondent to consider Ext.P2 as expeditiously as possible, at

any rate, within 6 weeks from the date of receipt of a copy of this

judgment after giving an opportunity of hearing to the petitioner,

the 3rd respondent and other affected parties, if any.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE NO.REF.A.768/2016 (LAC NO.2785)-252.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 12.3.2021.