High Court Kerala High Court

K.K.Sankaran Vaidyar vs The Dist.Collector on 24 February, 2009

Kerala High Court
K.K.Sankaran Vaidyar vs The Dist.Collector on 24 February, 2009
       

  

  

 
 
  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/