Kerala High Court
Krishnan vs State Of Kerala on 20 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6410 OF 2024
PETITIONER:
KRISHNAN
AGED 72 YEARS
S/O T. NANJAN MUTHALI, RESIDING AT PUNNAKULAMTHARAYIL
HOUSE, KUZHALMANNAM, ALATHUR TALUK, PALAKKAD, PIN -
678545
BY ADVS.
V.M.SYAM KUMAR
SNEHA RAJIV
KRIPA ELIZABETH MATHEWS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 682031
2 SECRETARY, DEPARTMENT OF PUBLIC EDUCATION
THIRUVANATHAPURAM, PIN - 695001
3 DISTRICT COLLECTOR
PALAKKAD DIST., COLLECTORATE, PALAKKAD, PIN - 678001
4 SUB COLLECTOR
PALAKKAD, COLLECTORATE, PALAKKAD, PIN - 678001
5 ADDITIONAL TAHASILDAR ALATHUR
ALATHUR, OFFICE OF THE THASILDAR, ALATHUR, PALAKKAD, PIN
- 678541
6 VILLAGE OFFICER
KUZHALMANDAM VILLAGE, VILLAGE OFFICE KUZHALMANDAM,
PLAKKAD DIST., PIN - 678702
SRI. SUNIL K.KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6410 OF 2024
2
JUDGMENT
Amidst the various allegations, averments
assertions made and urged in this writ petition,
when this matter was called today, learned
counsel for the petitioner - Smt.Sneha Rajiv,
confined her plea that 3rd respondent - District
Collector be directed to take up Ext.P7
representation and dispose it of, within a time
frame to be fixed by this Court.
2. The learned Government Pleader -
Sri.Sunil Kumar Kuriakose, in response,
submitted that if the petitioner only requires
Ext.P7 representation to be taken up and
disposed of by the 3rd respondent, there does
not appear to be any legal impediment for the
respondent in doing so; but prayed that this
Court may not make any affirmative declarations
WP(C) NO. 6410 OF 2024
in favour of the petitioner and leave it to the
said respondent to take an appropriate decision
thereon, as per law.
In the afore circumstances, I dispose this
writ petition and direct the 3rd respondent to
take up Ext.P7 representation and dispose it of,
after affording an opportunity of being heard to
the petitioner; thus culminating in an
appropriate order and necessary action thereon,
as expeditiously as is possible, but not later
than two months from the date of receipt of a
copy of this judgment.
I, however, clarify that none of the issues
involved in this case - including the factum of
the relinquishment of the land; and it having
been allegedly found not suitable for the
proposed school building in question, are all
WP(C) NO. 6410 OF 2024
left open to be decided by the District
Collector, while the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 6410 OF 2024
APPENDIX OF WP(C) 6410/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED DTD. 05.07.1997
REGISTERED AS DOCUMENT NO. 1641/97 OF SRO
ALATHUR
Exhibit P2 TRUE COPY OF THE GIFT DEED DTD. 30.11.2015
REGISTERED AS DOCUMENT NO. 2617 OF 2015 OF SRO
KUZHALMANDAM
Exhibit P3 TRUE COPY OF THE APPLICATION DTD. 13.01.2017
PREFERRED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER DTD.24.04.2017 BEARING
NO. C-885/17 OF THE 4TH RESPONDENT
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DTD.
08.02.2019 ISSUED TO THE PETITIONER BY THE
KUZAHALMANDAM VILLAGE OFFICE
Exhibit P6 TRUE COPY OF THE COMMUNICATION DTD. 23/01/2020
BEARING NO. M1/289/2017/PUB. E.DEPT. ISSUED BY
THE 2ND RESPONDENT TO THE PRESIDENT OF THE
PARENT TEACHER ASSOCIATION OF THE KUZHALMANDAM
GOVERNMENT HIGH SCHOOL PALAKKAD
Exhibit P7 TRUE COPY OF THE REPRESENTATION DTD.
15.12.2023 PREFERRED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT ALONG WITH ITS
ACKNOWLEDGMENT
