Rejena Shaju vs The District Collector
2023 Latest Caselaw 12448 Ker

Kerala High Court

Rejena Shaju vs The District Collector on 22 November, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA, 1945
                      WP(C) NO.38004 OF 2023
PETITIONER:

            REJENA SHAJU, AGED 51 YEARS
            W/O M.SHAJUDEEN, SHAYAL TOWERS, MANOORKONAM P.O,
            TRIVANDRUM, PIN - 695551
            BY ADV.M.R.SARIN


RESPONDENTS:

    1       THE DISTRICT COLLECTOR, COLLECTORATE
            KUDAPPANAKUNNU P.O, TRIVANDRUM, PIN - 695501
    2       VILLAGE OFFICER
            KARAKULAM VILLAGE OFFICE, KARAKULAM P.O
            TRIVANDRUM, PIN - 695043
    3       THE MANAGER, STATE BANK OF INDIA,
            PEROORKADA BRANCH, PEROORKADA P.O, PEROORKADA,
            TRIVANDRUM, PIN - 695005
    4       THE MANAGER
            UNION BANK OF INDIA, NEDUMANGAD BRANCH
            NEDUMANGAD P.O, TRIVANDRUM, PIN - 695541
    5       THE MANAGER
            KERALA STATE CO-OPERATIVE BANK LIMITED
            PEROORKADA BRANCH, HARIPURAM, PEROORKADA P.O
            TRIVANDRUM, PIN - 695005
            BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER
            SRI.JITHESH MENON, SC-R3
            SRI.A.S.P.KURUP, SC-R4
            SRI.THOMAS ABRAHAM, SC-R5
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   22.11.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.38004 of 2023                     2



                                  JUDGMENT

The petitioner had approached the 2nd

respondent for issuance of non-attachment

certificate in respect of her property in Resurvey

No.511/14-1 in Block No.34 of Karakulam Village in

Thiruvananthapuram District vide Ext.P1

application. Aggrieved by the non-consideration of

Ext.P1 application, the petitioner has approached

this Court.

2. Heard the learned counsel for the

petitioner, the learned Senior Government Pleader

appearing for respondents 1 & 2 and the respective

Standing Counsel appearing for respondents 3 to 5.

3. In the facts and circumstances of the case and

having regard to the submissions made across the

Bar, there will be a direction to the 2 nd

respondent to consider Ext.P1 application as

expeditiously as possible, at any rate, within a

period of three weeks from the date of receipt of

a certified copy of this judgment, after hearing

the petitioner and respondents 3 to 5. It will be

open to the petitioner to approach respondents 3

to 5 to obtain necessary records for producing

before the 2nd respondent. In case the

2nd respondent finds that there are no attachments

in respect of the aforesaid property, the

2nd respondent shall issue non-attachment

certificate to the petitioner.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/22/11/2023

APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF APPLICATION GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 13.11.2023