High Court Kerala High Court

Anil Kumar vs The District Collector on 9 June, 2009

Kerala High Court
Anil Kumar vs The District Collector on 9 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15774 of 2009(N)


1. ANIL KUMAR, S/O. REGHUNATHAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. SANTHA DEVI, W/O. LATE SAMBASIVAN,

                For Petitioner  :SRI.SREEKANTH S.NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :09/06/2009

 O R D E R
                             V.GIRI,J.
                       -------------------------
                 W.P ( C) No. 15774 of 2009
                      --------------------------
                Dated this the 9th June,2009

                        J U D G M E N T

The land comprised in old Sy.No.1437 of Pulimath

Village measuring 83.250 cents, partly owned by the

petitioner’s father was acquired by the Government for

widening of the MC Road. It seems that there were other

owners to the said property and in a partition executed

amongst the members of the family, the acquired land

was also included and the same was allotted to the share

of the husband of the 2nd respondent herein one

Sambasivan. Legal heirs of late Sambasivan applied for

getting a patta in their name and they were informed that

the land is registered as a puramboke land. Second

respondent then approached the District Collector in an

appeal against the findings of the Assistant Director and

the appeal was allowed as per Exhibit-P1. Petitioner

preferred a revision before the Land Revenue

Commissioner and the same was disposed of as per

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Exhibit-P4 remitting the matter to the District Collector for

fresh disposal. Petitioner is aggrieved by the orders to be

passed by the District Collector. Hence the writ petition

praying for the following reliefs.

“i) To issue a writ of mandamus or any
other writ or order or direction, directing the 1st
respondent to dispose of the proceeding
No.D.Dis-76796/04/B9 pending consideration as
expeditiously within such stipulated time as
directed by this Hon’ble Court”

2. I heard learned Government Pleader also.

3. Since the remand order passed by the Land

Revenue Commissioner is dated 1.3.2008, it is only

appropriate that the District Collector passes fresh orders

as directed in Exhibit-P4, after hearing all affected

parties,as early as possible, at any rate within three months

from the date of receipt of a copy of this judgment. Ordered

accordingly.

The writ petition is disposed of as above.

(V.GIRI,JUDGE)
ma

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