M.C.Padmanabhan Nair vs District Collector
2022 Latest Caselaw 1635 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                      WP(C) NO. 15420 OF 2012
PETITIONER:

            M.C.PADMANABHAN NAIR
            AGED 60 YEARS
            S/O.CHEERU AMMA, MURINGANATTU CHALIL, KINALUR,
            KOYILANDY TALUK, KOZHIKODE DISTRICT.
            BY ADVS.
            SRI.N.N.SUGUNAPALAN (SR.)
            SMT.NITA.N.S.
            SRI.S.SUJIN

RESPONDENTS:

    1    DISTRICT COLLECTOR,
         KOZHIKODE-673001.
    2    THE TAHSILDAR
         KOYILANDY, KOZHIKODE-673305.
    3    THE VILLAGE OFFICER
         KANTHALAD VILLAGE, KOZHIKODE DISTRICT-673305.
    4    STATE OF KERALA
         REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
         GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
 ADDL.R5 THE DISTRICT FOREST OFFICER,
         KOZHIKODE - 673001
 ADDL.R6 CHIEF CONSERVATOR OF FOREST,
         THIRUVANANTHAPURAM-695 001

            ADDL.RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER
            ORDER DATED 15.02.2022 IN IA 9587/2012

OTHER PRESENT:

            SRI.T.P.SAJAN, SPL.GP(FOREST)


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   15.02.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.15420/2012

                                      2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.15420 of 2012
               ----------------------------------------------
            Dated this the 15th day of February, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent District Collector to consider and pass appropriate orders on Ext.P8 representation immediately.

ii. Award to the petitioner the costs of these proceedings.

iii. Grant such other or further relief as this Hon'ble Court deems fit to grant in the particular facts and circumstances of the case.

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that he will

be satisfied if a direction is given to the 1 st respondent to

consider Ext.P8 representation. The learned Government W.P.(C).No.15420/2012

Pleader submitted that if that is the only prayer, the 1 st

respondent will consider the same and pass appropriate

orders in it in accordance to law.

Therefore, this writ petition is disposed in the following

manner:

The 1st respondent is directed to consider

Ext.P8 and pass appropriate orders in it in

accordance to law, after giving an opportunity

of hearing to the petitioner and the additional

5th respondent, as expeditiously as possible, at

any rate, within three months from the date of

receipt of a copy of this judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.15420/2012

APPENDIX OF WP(C) 18996/2020

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE TITLE DEED IN RESPECT OF THE 4 ACRES OF LAND HELD BY THE PETITIONER EXHIBIT P2 COPY OF THE PATTAYAM NO.2384/78 OF LAND TRIBUNAL, BALUSSERY EXHIBIT P3 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KANTHALAD IN RESPECT OF THE PETITIONER'S PROPERTY EXHIBIT P4 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KANTHALAD IN RESPECT OF THE PETITIONER'S PROPERTY EXHIBIT P5 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFICER, KANTHALAD IN RESPECT OF THE PETITIONER'S PROPERTY EXHIBIT P6 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KANTHALAD IN RESPECT OF THE PETITIONER'S PROPERTY EXHIBIT P7 COPY OF THE EXTRACT OF RECORD OF JOINT VERIFICATION ISSUED BY THE TAHSILDAR, KOYILANDY DATED 2.4.1997 Exhibit P8 COPY OF THE REPRESENTATION DATED 16.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT