N. Suvarna Kumari vs The District Collector
2021 Latest Caselaw 9274 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.5514 OF 2021(L)


PETITIONER:

               N. SUVARNA KUMARI
               AGED 68 YEARS
               D/O. GOPALAKRISHNAN NAIR,
               KOPPAZHATHARA HOUSE,
               S. H. MOUNT,
               VIJAYAPURAM, KOTTAYAM.

               BY ADVS.
               SRI. C.S. MANILAL
               SRI. S. NIDHEESH
               SRI. ACHUT M NAIR

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               CIVIL STATION,
               COLLECTORATE,
               KOTTAYAM - 686 002.

      2        SPECIAL TAHSILDAR (LA-GENERAL)
               CIVIL STATION,
               COLLECTORATE,
               KOTTAYAM - 686 002.

               SMT. A.C VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.5514 OF 2021

                                 2

                           JUDGMENT

The petitioner has filed this writ petition under Article 226

of the Constitution of India seeking a writ of mandamus

commanding the 2nd respondent Special Tahsildar (LA-General)

to re-present the Reference in LAR No.16 of 2016 to the

designated Special Court within a time frame to be fixed by this

Court. The petitioner has also sought for a direction interdicting

the stand of the 2nd respondent Special Tahsildar (LA-General) in

Exts.P5 and P7 letters and to see that the reference applications

are re-presented in terms of Ext.P2 order of the Additional Sub-

Court, Kottayam.

2. On 03.03.2021, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions.

3. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for the respondents.

4. The learned Government Pleader, on instructions,

would submit that the reference in question has already been re-

presented before the Additional District Court-II, Kottayam, W.P(C).No.5514 OF 2021

which has been numbered as LAR No.9/2021.

In such circumstances, recording the aforesaid fact, this

writ petition is disposed of.

Sd/-

ANIL K. NARENDRAN, JUDGE SPR W.P(C).No.5514 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CLAIM STATEMENT IN L.A.R.16/2016 DATED 05.12.2017.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 18.07.2019 IN L.A.R.16/2016 OF COURT OF ADDL. SUB JUDGE, KOTTAYAM.

EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE E-COURT PROCEEDINGS OF COURT OF ADDL. SUB JUDGE, KOTTAYAM DATED 18.07.2019.

EXHIBIT P3(a) TRUE COPY OF THE ORDER OF RETURN OF THE REFERENCE DATED 22.07.2019 IN L.A.R.16/2016, ADDL. SUB JUDGE, KOTTAYAM.

EXHIBIT P4 TRUE COPY OF THE ADVOCATE NOTICE DATED 29.02.2020 ISSUED TO THE 2ND RESPONDENT.

EXHIBIT P4(a) TRUE COPY OF THE POSTAL RECEIPT DATED 02.03.2020 TO THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 11.03.2020.

EXHIBIT P6 TRUE COPY OF THE ADVOCATE NOTICE ISSUED TO THE 2ND RESPONDENT DATED 21.08.2020.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 05.10.2020.

RESPONDENT'S/S EXHIBITS:      NIL.