Anitha Varghese Alias Anitha Tinu vs State Of Kerala
2021 Latest Caselaw 18515 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 4669 OF 2021
PETITIONER:
           ANITHA VARGHESE ALIAS ANITHA TINU
           MEPPURATHU HOUSE, KUMPLAMTHANAM, THEODICAL P.O.,
           TIRUVALLA, PATHANAMTHITTA DISTRICT, REPRESENTED BY HER
           POWER OF ATTORNEY HOLDER, MR.M.T.CHACKO, RESIDING AT
           MEPPURATHU HOUSE, THEODICAL P.O., PERUMPETTY VILLAGE,
           MALAPPALLY TALUK.

          BY ADVS.
          BABU CHERUKARA
          SHRI.ARUN BABU


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

    2     DISTRICT COLLECTOR
          PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA,
          PIN-689 645.

    3     DEPUTY COLLECTOR (L R)
          COLLECTORATE, PATHANAMTHITTA, PIN-689 645.

    4     RESURVEY SUPERINTENDENT
          RESURVEY SUPERINTENDENT OFFICE, COLLECTORATE,
          PATHANAMTHITTA, PIN-689 645.

    5     THE TAHSILDAR (L R)
          TALUK OFFICE, RANNI, PATHANAMTHITTA DISTRICT, PIN-689
          672.

    6     THE VILLAGE OFFICER,PAZHAVANGADI VILLAGE, RANNI,
          PATHANAMTHITTA DISTRICT, PIN-689 673.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4669 OF 2021
                                    2



                               JUDGMENT

The petitioner, after making several allegations and

assertions in this writ petition, seeks that the 2nd respondent -

District Collector, be directed to take up Ext.P6 application and

dispose it of, within a time frame to be fixed by this Court.

2. The learned Senior Government Pleader -

Smt.K.Amminikkutty, submitted that if the petitioner only

requires Ext.P6 to be decided by the 2nd respondent in terms of

law, there does not appear to be any legal impediment in doing so;

but prayed that this Court may not make any affirmative

declarations in favour of the petitioner and allow the said

respondent to take a decision as per law.

In the afore circumstances, I order this writ petition and

direct the 2nd respondent to take up Ext.P6 representation of the

petitioner and dispose it of in terms of law, after affording him an

opportunity of being heard; thus culminating in an appropriate

decision thereon, as expeditiously as is possible, but not later than

three months from the date of receipt of a copy of this judgment. WP(C) NO. 4669 OF 2021

I make it clear that I have not considered any of the

contentions of the petitioner on its merits and that they are all left

open to be decided by the 2nd respondent appropriately when the

afore exercise is completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/08/09/2021 WP(C) NO. 4669 OF 2021

APPENDIX OF WP(C) 4669/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.2653/1992 OF RANNY SUB REGISTRY DATED 29.12.1992.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPTS ISSUED FROM PAZHAVANGADI VILLAGE OFFICE, DATED 29.10.1992.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT NO.0582018 DATED 2.7.2018 ISSUED FROM THE VILLAGE OFFICER, PAZHAVANGADI VILLAGE.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 13.6.2019 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 7.3.2020 ADDRESSED TO THE TAHSILDAR, RANNI.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 15.1.2021 FILED BEFORE THE 2ND RESPONDENT, THE DISTRICT COLLECTOR.

EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 15.1.2021.

EXHIBIT P8 TRUE COPY OF THE POWER OF ATTORNEY DEED EXECUTED BY THE PETITIONER ANITHA TINU IN FAVOUR OF M.T.CHACKO DATED 6TH SEPTEMBER 2019