Suchithra Samban vs The District Collector
2023 Latest Caselaw 1616 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
      SATURDAY, THE 21ST DAY OF JANUARY 2023 / 1ST MAGHA, 1944
                         WP(C) NO. 23484 OF 2014
PETITIONER:

            SUCHITHRA SAMBAN
            D/O.SUMATHI, KALIYAL BUNGLOW, TC.11/1694, CHARACHIRA,
            KOWDIAR P.O., KOWDIAR VILLAGE, THIRUVANANTHAPURAM.

            BY ADVS.
            SRI.G.SUDHEER
            SMT.N.P.ASHA



RESPONDENTS:

     1      THE DISTRICT COLLECTOR
            COLLECTORATE, KUDAPPANAKUNNU,
            THIRUVANANTHAPURAM DISTRICT-695001.

     2      THE EXECUTIVE ENGINEER
            MINOR IRRIGATION DIVISION,
            OFFICE OF THE EXECUTIVE ENGINEER,
            THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

            (GP) Smt Anima M




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.23484/2014                          -: 2 :-


                          MOHAMMED NIAS C.P., J
                       ---------------------------------------
                          W.P.(C) No. 23484 of 2014
                        --------------------------------------
                  Dated this the 21st day of January, 2023

                                   JUDGMENT

This writ petition is filed with the following reliefs:

(i) "issue a writ of certiorari calling for the records leading to Ext.P1 and quash the same.

(ii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to consider Ext.P2 and afford petitioner an opportunity to be heard before passing any fresh orders

(iii) Direct the respondents to measure out all the properties concerned with the relevant survey records after issuing notice to all parties concerned before taking any decision on the matter.

(iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends ofJustice.

(v) Issue any other writ, order or direction as this Hon'ble Court may be deem fit in the facts and circumstances of the case."

[SIC]

2. By Ext.P2, the petitioner has responded to Ext.P1.

Accordingly, there will be a direction to the 2nd respondent to consider the

same after affording an opportunity of hearing to the petitioner within an

outer period of three months from the date of receipt of a copy of this

judgment. The petitioner will be free to point their grievances before the

2nd respondent at the time of hearing.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE TR

APPENDIX OF WP(C) 23484/2014

PETITIONER EXHIBITS

EXHIBIT P1: COPY OF THE NOTICE NO.E3-2135/2014(2) DATED 19.8.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2: COPY OF THE WRITTEN OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.8.2014.