Citation : 2024 Latest Caselaw 14611 Ker
Judgement Date : 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 26854 OF 2016
PETITIONER:
SUDHA
D/O. SUBHADRA, THODI VADAKKATHIL VEEDU, VARKALA,
VARKALA P.O. & VILLAGE,THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.M.R.RAJESH
SMT.E.S.SANDHYA
SRI.A.R.SHANKAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 043.
2 THE ADDITIONAL TAHSILDAR
VARKALA TALUK, TALUK OFFICE, VARKALA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 141.
3 THE VILLAGE OFFICER
VILLAGE OFFICE, VARKALA, THIRUVANANTHAPURAM - 695 641.
4 OMANA
D/O. PARVATHY, KARUVILAKOM VEEDU, VARKALA,
VARKALA P.O & VILLAGE,THIRUVANANTHAPURAM DISTRICT - 695 641.
BY ADV.
SRI. B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.26854 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.26854 of 2016
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Dated this the 31st day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a Writ in the nature of mandamus or any other appropriate writ direction or order commanding the respondents 1 to 3 to complete the Land Assignment proceedings in favour of the petitioner as evidenced by Exts. P2 and P3 in accordance with law as expeditiously as possible at any rate within the shortest time frame to be fixed by this Hon'ble Court,
ii) Issue such other appropriate writ, direction or order as the case may be." SIC
2. The main prayer in this writ petition is to
issue direction to respondent Nos.1 to 3 to complete WP(C) NO.26854 OF 2016
the land assignment proceedings in favour of the
petitioner's as evident by Exts.P2 and P3. A statement
is filed by the second respondent. A perusal of the
statement would not show that the proceedings based
on Exts.P2 and P3 are concluded. Therefore, there
can be a direction to conclude the proceedings based
on Exts.P2 and P3, within a time frame.
Therefore, this writ petition is disposed of with
the following directions:
1. The proceedings initiated based on Exts.P2
and P3 shall be concluded by the competent
authority among respondents, after giving an
opportunity of hearing to the petitioner, 4 th
respondent and other affected parties, as
expeditiously as possible, at any rate, within WP(C) NO.26854 OF 2016
a period of three months from the date of
receipt of a copy of this judgment.
2. I make it clear that, I have not considered the
matter on merit and since, it is not clear from
the statement that the orders are passed
consequent to Exts.P2 and P3, the above
direction is issued. If orders are passed, a
copy of the same shall be communicated to
the petitioner during the above period itself.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO.26854 OF 2016
APPENDIX OF WP(C) 26854/2016
PETITIONER EXHIBITS
P1 A TRUE COPY OF THE JUDGMENT DT.
11.12.2014 IN THE A.S NO. 62/2008 OF THE SUB COURT ATTINGAL.
P2 A TRUE COPY OF THE APPLICATION DT.
13.8.2015 SUBMITTED BY THE PETIITONER TO THE 1ST RESPONDENT.
P3 A TRUE COPY OF THE REPORT NO.
2275/2015 DT. 30.9.2015 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
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