Jojo Elias John vs The Land Revenue Commissioner
2023 Latest Caselaw 7330 Ker

WP(C) NO. 20958 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                          WP(C) NO. 20958 OF 2023
PETITIONER/S:

               JOJO ELIAS JOHN
               AGED 37 YEARS
               S/O JOHN V E, VATTACHAL HOUSE MADAPPALLALLY PO,
               KOTTAYAM, PIN - 686536

               BY ADVS.
               ANANTHAKRISHNAN A. KARTHA
               ANIL D.KARTHA
               SURESH G.
               SHARATH ELDO PHILIP
               NAMITA PHILSON
               SREEKUMAR G.
               ANANTHASANKAR A. KARTHA



RESPONDENT/S:

      1        THE LAND REVENUE COMMISSIONER
               GX43+XXH, PUBLIC OFFICE BUILDING, MUSEUM ROAD,
               OPPOSITE ZOO, VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM,
               KERALA, PIN - 695033

      2        THE DISTRICT COLLECTOR
               COLLECTORATE, KOTTAYAM, PIN - 686001

               BY ADV GOVERNMENT PLEADER, SRI.B.D.SYAMANTAK




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20958 OF 2023                2




                         P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                       W.P.(C.) No. 20958 of 2023
                      --------------------------------------
                  Dated this the 27th day of June, 2023


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i. "To issue a writ of mandamus or any other appropriate writ, order or direction to the first respondent to consider and dispose of Exhibit P3 appeal preferred by the petitioner in a time bound manner, within the time frame stipulated by this Honourable Court.

ii. To dispense with the production of translation of documents in native language.

iii. To grant such other reliefs, those that may be prayed for and those that are deemed fit at the time of hearing of the case." [SIC]

2. Aggrieved by the rejection of the licence application

under the Arms Act, the petitioner submitted Ext.P3 appeal

before the 1st respondent. The grievance of the petitioner is

that the same is not considered.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 1st respondent to

consider Ext.P3 appeal within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and pass

appropriate orders in Ext.P3 appeal, after giving an

opportunity of hearing to the petitioner as expeditiously as

possible, at any rate, within three months from the date of

receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 20958/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 20-08-2022

Exhibit P2 A TRUE COPY OF THE ORDER NUMBERED AS DCKTM/8332/2022-H2 DATED 13-02-2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P3 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 4-4-2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 4-4-2023 INTIMATING THE PETITIONER THAT THE DECISION OF THE APPEAL WILL BE INTIMATED TO HIM SHORTLY