Krishnakumar L vs The Tahsildar, (Lr)
2021 Latest Caselaw 18119 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                       WP(C) NO. 13011 OF 2021
PETITIONER:

          KRISHNAKUMAR L
          AGED 54 YEARS
          RESIDING AT CHAMA PAZHANJIVILA, PUTHEN VEEDU,
          KANJIRAMKULAM P.O. THIRUVANANTHAPURAM 695 524.
          BY ADV JOSEPH T.JOHN


RESPONDENTS:

    1     THE TAHSILDAR, (LR),
          TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM 695
          121.
    2     THE VILLAGE OFFICER
          PERUMKIDAVILA VILLAGE, THIRUVANANTHAPURAM 695 124.
    3     MALLIKA
          PUTHEN VEEDU, THOTTAVARAM, KODITHOTTATHU, PERUMKIDAVILA
          VILLAGE,THIRUVANANTHAPURAM DISTRICT 695 124.
          BY ADVS.
          G.P.SHINOD
          GOVIND PADMANAABHAN
          AJIT G ANJARLEKAR
          SMT RESHMITHA RAMACHANDRAN- GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13011 OF 2021
                                    2



                               JUDGMENT

The petitioner only seeks that 2nd respondent be directed to

dispose of Ext.P2 application, within a time frame to be fixed by

this Court.

2. Smt.Resmitha Ramachandran - learned Government

Pleader, submitted that, as is virtually admitted in the pleadings of

this writ petition, there are civil disputes pending between the

petitioner and the 3rd respondent and therefore, prayed that 2nd

respondent be allowed to advert to the same also, while disposing

of Ext.P2. She submitted that final orders on Ext.P2 can be issued

without any avoidable delay.

Taking note of the afore submissions, I direct the 2 nd

respondent to take up Ext.P2 application of the petitioner and

dispose it of, after affording necessary opportunity of being heard

to the petitioner, as well as the 3rd respondent; 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.

WP(C) NO. 13011 OF 2021

Needless to say, since I have not issued notice to the 3rd

respondent from this Court, the 1st respondent, will ensure that

said respondent is properly notified and her version carefully

assessed, before issuing final orders as directed above.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/03/09/2021 WP(C) NO. 13011 OF 2021

APPENDIX OF WP(C) 13011/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WILL DATED 5/11/2007. Exhibit P2 TRUE COPY OF THE APPLICATION DATED NIL BEFORE THE VILLAGE OFFICER, PERUMKIDAVILA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 20/11/2020 ISSUED BY THE TAHSILDAR, NEYYATTINKARA. Exhibit P4 TRUE COPY OF THE OBJECTION DATED 15/10/2020 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE VILLAGE OFFICER.

Exhibit P5 TRUE COPY OF THE PLAINT, O.S. 546/2020 DATED 1/1/2020 BEFORE THE MUNSIFFS COURT, NEYYATTINKARA.

Exhibit P6 TRUE COPY OF THE CASE STATUS PUBLISHED I THE WEBSITE OF THE MUNIFFS COURT, NEYYATTINKARA. Exhibit P7 TRUE COPY OF THE PLAINT, O.S. 785/2020 PLAINT DATED 16/9/2020 BEFORE THE MUNSIFFS CORUT, NEYYATTINKARA.

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 2/4/2019 IN O.S. 645/2014 BEFORE THE MUNSIFFS COURT, NEYYATTINKARA.