Pradeep Kumar vs The District Collector
2023 Latest Caselaw 8645 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 25049 OF 2023
PETITIONER:

          PRADEEP KUMAR
          AGED 53 YEARS
          S/O SADANADHA PILLAI, ANADHAMANDIRAM,
          MALAMAL COLONY, KATTUSSERY AMSAM, ALATHUR,
          PALAKKAD DISTRICT, PIN - 678542
          BY ADVS.
          K.R.PRATHISH
          S.UNNIKRISHNAN (NELLAD)
          JOEL CHALAMANA
          KRISHNA DAS


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          PALAKKAD DISTRICT COLLECTORATE, KENATHUPARAMBU,
          KUNATHURMEDU, PALAKKAD, PIN - 678013
    2     REVENUE DIVISIONAL OFFICER (RDO)
          REVENUE DIVISIONAL OFFICE, PARAKKUNNAM,
          VIDYUT NAGAR, PALAKKAD, PIN - 678001
    3     BRAHMANANDA SWAMI SIVANADAYOGI
          AGED 50 YEARS
          PRESIDENT, SIDHADRAMAM, POONGOTTU DESAM, ALATHUR P.O.,
          ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678013

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.25049 OF 2023


                                    2


                 P.V.KUNHIKRISHNAN, J.
                  ------------------------------
                W.P.(C) No.25049 of 2023
          ----------------------------------------------
        Dated this the 09th day of August, 2023



                           JUDGMENT

The above writ petition is filed with the following

prayers:

"i) Issue a writ of mandamus or appropriate direction to the respondent's No.1 and 2 to consider Ext.P2 after hearing the petitioner within a time frame fixed by this Hon'ble Court.

ii) Dispense with filing of the translation of documents in Malayalam produced in the above writ petition as Ext.P1 to Ext.P5.

iii) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case.

And

v) Allow the writ petition with cost."[SIC]

2. When this writ petition came up for WP(C) NO.25049 OF 2023

consideration, the learned counsel appearing for the

petitioner submitted that the petitioner will be satisfied, if

a direction is issued to the 2nd respondent to consider

Ext.P2, within a time frame.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader. No

notice is necessary to the 3 rd respondent. If the 3rd

respondent is aggrieved by any of the directions issued

by this Court, the 3rd respondent is free to file a review

petition.

4. After hearing both sides, I think that prayer can

be allowed.

Therefore, this writ petition is disposed of with the

following directions:

i. The 2nd respondent is directed to consider

and pass appropriate orders in Ext.P2, after giving an

opportunity of hearing to the petitioner and the 3 rd

respondent, as expeditiously as possible, at any rate, WP(C) NO.25049 OF 2023

within a period of two months from the date of

receipt of a copy of this judgment.

ii. The petitioner will produce a certified copy

of this judgment along with a copy of this writ

petition before the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO.25049 OF 2023

APPENDIX OF WP(C) 25049/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.07.2023 OF THE YEAR 2023-2024 IN THE NAME OF THE PETITIONER ISSUED BY THE ALATHUR VILLAGE OFFICE EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 29.05.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE EXT.P2 DATED 01.06.2019 ISSUED BY THE 1ST RESPONDENT OFFICE EXHIBIT P4 TRUE COPY OF THE LETTER DATED 04.06.2019 ADDRESSED BY THE DISTRICT COLLECTOR TO THE RDO, PALAKKAD EXHIBIT P5 TRUE COPY OF THE LETTER DATED 22.07.2019 OF 2ND RESPONDENT RDO TO TAHSILDAR, ALTHUR EXHIBIT P6 THE TRUE PHOTOGRAPHS OF THE WELL AND THE PETITIONER'S BUILDING FOUNDATION

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE