Sree Periya Thrikkanand Vannathan ... vs The District Collector
2024 Latest Caselaw 13293 Ker

Kerala High Court

Sree Periya Thrikkanand Vannathan ... vs The District Collector on 23 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 25237 OF 2016                  1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          WP(C) NO. 25237 OF 2016
PETITIONER/S:

               SREE PERIYA THRIKKANAND VANNATHAN THARAVAD UDAHARANA
               COMMITTEE
               PERIYA (P.O) KASARGOD DISTRICT-PIN-671316.REPRESENTED
               BY ITS SECRETARY V. RAMACHANDRAN.

               BY ADVS.
               SRI.T.R.RAVI
               SMT.CISSY MATHEWS
               SRI.JAWAHAR JOSE
               SRI.V.VINAY MENON



RESPONDENT/S:

      1        THE DISTRICT COLLECTOR
               CIVIL STATION, VIDYANAGAR (PO)KASARAGOD.PIN-671123.

      2        THE SPECIAL TAHSILDAR LAND ASSIGNMENT
               MINI CIVIL STATION COMPLEX,HOSDURG,KANHANGAD PO,
               KASARAGOD, PIN-671315.

               BY ADVS.
               GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25237 OF 2016                   2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                   W.P.(C.) No. 25237 of 2016
                    --------------------------------------
              Dated this the 23rd day of May, 2024


                                JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ, order or direction in the nature of mandamus directing the 2nd respondent to issue appropriate orders in accordance with law, in passing appropriate orders on Exhibit P3 application, within a period to be determined by this Hon'ble Court notwithstanding Exhibit P5 communication. ii. Declare that the petitioner is having more preferential right, in the matter of assignment of 24 ½ cents of land in resurvey number 200 in Periya Village.

iii. Grant such other order or direction as this Hon'ble Court may deem fit and necessary, in the facts and circumstances of the case." [sic]

2. The main prayer in this writ petition is to issue

direction to the 2nd respondent to consider Ext.P3 application

within a time frame. The Government Pleader after getting

instructions, submitted that no such application is received. If

that is the case, this writ petition need not be retained here. The

petitioner is free to file fresh application before the competent

authority among the respondents. If such an application is filed,

the competent authority will do the needful, in accordance with

law.

With the above observation, this writ petition is disposed

of.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 25237/2016

PETITIONER EXHIBITS

EXHIBIT 1 TRUE COPYOF THE REGISTRATION CERTIFICATE DATED 15.7.1992 OF THE PETITIONER SOCIETY ISSUED UNDER THE SOCIETIES REGISTRATION ACT.

EXHIBIT P2 TRUE COY OF THE DECISION DATED 9.8.1992 OF THE PETTIIONER SOCIETY (RELEVENT PORTION)

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 11.8.1992 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 10.9.2004 SUBMITTED BY THE PETITIONER TO TEH HON'BLE CHIEF MINISTER.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 20.11.2004 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE SKETCH OF THE PROPERTY SOUGHT TO BE ASSIGNED.