IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 22977 of 1999(I)
1. K.K.SANKARAN VAIDYAR
... Petitioner
Vs
1. THE DIST.COLLECTOR,MALAPPURAM
... Respondent
For Petitioner :SRI.P.CHADRASEKHAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/02/2009
O R D E R
S. Siri Jagan, J.
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O.P. No. 22977 of 1999
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Dated this, the 24th February, 2009.
J U D G M E N T
The petitioner claims to be the member of a scheduled caste,
who is eligible for the benefits of the provisions of the Kerala
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989. He was also a freedom fighter who was aged 79 years at the
time of filing the original petition.
2. The petitioner has some property in R.S.61/10 in Kottakkal
village. Some interested persons are alleged to be obstructing the
enjoyment of that property by the petitioner, which prompted the
petitioner to seek police protection by filing O.P.No. 3065/1996.
Despite the same, the petitioner is unable to enjoy the property
because of the persisting threat and obstruction alleged to be caused
by some influential persons in the locality. When the petitioner
approached the Police, he was advised to approach the civil court.
However, the petitioner submits that he is not in a position to embark
on a costly civil litigation, as he does not have source of income for
such an expensive litigation. In the above circumstances, the
petitioner has submitted Ext. P2 representation before the District
Collector for free legal aid in the matter. The petitioner also submits
that by Ext. P3, the Chief Secretary has directed to give free legal aid
to persons like the petitioner. The petitioner therefore seeks a
direction to the respondent to consider and pass orders on Ext. P2
expeditiously.
In the facts and circumstances of the case, I dispose of this
original petition with a direction to the District Collector to consider
and pass orders on Ext. P2 as expeditiously as possible, at any rate,
within one month from the date of receipt of a copy of this judgment.
O.P. No. 22977/1999 -: 2 :-
It would also be open to the petitioner to approach the Kerala Legal
Services Authority for appropriate legal aid in the matter, now that
the Kerala Legal Services Authority is functioning in full swing.
Sd/- S. Siri Jagan, Judge.
Tds/