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Kerala High Court
Chemban vs District Collector on 28 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2676 of 2010(H)


1. CHEMBAN, S/O.CHEMBAN,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR,
                       ...       Respondent

                For Petitioner  :SRI.P.V.JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :28/01/2010

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                   W.P.(C) No.2676 OF 2010
               ---------------------------------------
           Dated this the 28th day of January, 2010.


                         J U D G M E N T

The petitioner herein seeks for a direction to the respondent

to consider and pass orders on the application for permission to

sell the property assigned to him under the Kerala Land Reforms

(Ceiling) Rules.

2. The petitioner is a scheduled caste aged 70. It is stated

that he is now suffering from many ailments including acute

Tuberculosis. He was assigned 1 acre of landed property in

Survey No.86 in Manathana Amsom Desom as per assignment

deed dated 12.11.1977 under the Kerala Land Reforms (Ceiling)

Rules. The petitioner was a landless person. Exhibit P1 is the

copy of the assignment deed.

3. It is stated that the petitioner’s wife who was suffering

from Tuberculosis is no more and his children are also now

suffering from the very same disease. The petitioner is unable

to meet the huge expenses for treatment and this compelled him

W.P.(C) No.2676/2010 2

to sell a portion of the property.

4. Seeking for appropriate action in the matter, the

petitioner filed Exhibit P2 application and Exhibit P3 shows that

the same was received by the respondent on 06.08.2008. Since

there was no response, the petitioner filed a fresh application as

per Exhibit P4. It is prayed that the respondent may be directed

to take a decision on the applications within a time frame.

There will be a direction to the respondent to take a

decision on Exhibits P2 and P4 within a period of one month from

the date of production of a copy of this judgment. The petitioner

will produce a copy of this judgment along with copy of the writ

petition for compliance.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

smp


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