P.A.Sreedharan vs State Of Kerala
2021 Latest Caselaw 17660 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                       WP(C) NO. 17068 OF 2021
PETITIONER:

            P.A.SREEDHARAN
            AGED 72 YEARS
            S/O.AYYAPPAN, PARACKAL, MANTHURUTHY P.O., NEDUMKUNNAM
            NORTH,KOTTAYAM DISTRICT.

            BY ADV SURIN GEORGE IPE



RESPONDENTS:

    1       STATE OF KERALA
            REP.BY PRINCIPAL SECRETARY, REVENUE (A) DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM DISTRICT PIN 695 001

    2       THE DISTRICT COLLECTOR
            COLLECTORATE, KOTTAYAM DISTRICT. PIN 686 002

    3       SUB COLLECTOR
            COLLECTORATE, KOTTAYAM DISTRICT. PIN 686 002

    4       THE ASSISTANT ENGINEER
            PWD ROADS SECTION, KARUKACHAL, KOTTAYAM DISTRICT,
             PIN 686 540

    5       REJI MON P.V.
            S/O.VARGHESE PUTHENPURACKAL, KANAKKARI HOUSE, SOUTH
            PAMPADY P.O., POOTHAKUZHY, KOTTAYAM DISTRICT,
            PIN 686 555



           BY ADV.
           Sri.Hanilkumar-Spl.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17068 OF 2021
                              2



                          JUDGMENT

The petitioner makes a singular plea that his

representation, namely Ext.P1 preferred before the

2nd respondent - District Collector, be directed to

be disposed of, after hearing him, as also the 5th

respondent. The petitioner asserts that the 2nd

respondent is obligated to consider Ext.P1 in view

of Exts.P7 and P8 reports and therefore, prays that

it be directed to be done within a time frame to be

fixed by this Court.

2. In response, the learned Special Government

Pleader, Shri.Hanilkumar, submitted that if Ext.P1

is still pending, there does not appear to be any

legal impediment in the 2nd respondent disposing it

of; but prayed that this Court may not make any

affirmative declarations in favour of the

petitioner and leave it to the said Authority to

take a decision thereon as per law.

3. I notice that this Court has not issued WP(C) NO. 17068 OF 2021

summons to the 5th respondent; but am of the opinion

that in view of the directions that I propose

herein, this may not be necessary, since they would

not cause any prejudice to him.

Resultantly, I order this writ petition and

direct the 2nd respondent - District Collector, to

take up Ext.P1 representation of the petitioner and

dispose it of, however only after hearing him as

also the 5th respondent and after carefully

assessing the version of the latter; thus

culminating in an appropriate order thereon, as

expeditiously as is possible, but not later than

two months from the date of receipt of a copy of

this judgment.

Needless to say, while competing the afore

exercise, the 2nd respondent will advert to Exts.P7

and P8; however, clarifying that this Court has not

considered its merits or that of the contentions of

the petitioner in any manner and that it it up to

the said Authority to take a final decision as WP(C) NO. 17068 OF 2021

directed above, following due procedure and as per

the applicable Rules and Regulations.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/31.8 WP(C) NO. 17068 OF 2021

APPENDIX OF WP(C) 17068/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF HE COMPLAINT DATED 5.3.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P2 A TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE CONSTRUCTIONS CARRIED OUT BY THE 5TH RESPONDENT

Exhibit P3 A TRUE COPY OF THE ORDER NO.E11-33231/11 DATED 25.8.2015 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF THE ORDER NO.L.R.K5-

34973/16 DATED 4.12.2017 ISSUED BY THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 24.10.2018 IN W.P.(C) .34499 OF 2018 OF THIS HON'BLE COURT.

Exhibit P6 A TRUE COPY OF THE ORDER DATED 19.8.2019 ISSUED BY THE 1ST RESPONDENT

Exhibit P7 A TRUE COPY OF HE REPORT DATED 18.6.2019 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT

Exhibit P8 A TRUE COPY OF THE REPORT DATED 30.1.2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE RESPONDENTS 1 AND 2