Disposed

U.Kunhiraman v. District Collector

Kerala HC5 Sept 2013WP(C)/6397/2013

Case brief

AI extract

What is this about?

Writ filed seeking expedited disposal of pending representations and prohibition on cemetery license issuance without hearing. Court directed District Collector to consider representation, hear all parties, and finalize within two months.

What did the court decide?

Petitioner shall be given opportunity of hearing; Respondent 1 to consider representation and pass order within two months.

U.Kunhiraman Vs District Collector — Land Acquisition | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 5TH DAY OF SEPTEMBER 2013/14TH BHADRA, 1935

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WP(C).No. 6397 of 2013 (Y)

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PETITIONER(S):

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U.KUNHIRAMAN, S/O.KUNHAMBU NAIR, PRESIDENT, BIRIKKULAM SHRI PODODUKKATHU CHAMUNDESHWARI TEMPLE, P.O.KINANOOR, VIA PARAPPA-671533, KASARAGOD.

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BY ADVS.SRI.V.R.REKESH

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SRI.V.VINAY

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, KASARAGOD-671121.

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2. THE PANCHAYATH, KINANOOR KARINDALAM, P.O.KARINDALAM, VIA NILESHWAR, KASARAGOD-671314.

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3. CHERUPUSHPAM CHURCH,

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BIRIKKULAM, KINANOOR P.O., VIA PARAPPA, KASARAGOD-671533.

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R1 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE R2 BY ADV. SRI.M.SASINDRAN R3 BY ADVS. SRI.V.C.JAMES

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SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6397 of 2013 (Y)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1: A TRUE COPY OF THE REPRESENTATION BEFORE THE DISTRICT COLLECTOR, KASARAGOD.

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EXHIBIT-P2: A TRUE COPY OF THE REPRESENTATION BEFORE THE PANCHAYATH.

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RESPONDENTS' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.R. RAMACHANDRA MENON, J.

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:::::::::::::::::::::::::::::::::::::::::::::::: W.P.(C). No. 6397 of 2013

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......................................................

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Dated this the 5^th day of September, 2013

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers:

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“a) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to expediate and dispose of representations pending before them as early as possible.

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b. A writ of mandamus or any other appropriate writ, order or direction directing the respondents not to grant license for construction of cemetry until the matter stands adjudicated after hearing all the affected parties.”

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When the matter is taken up for consideration, the learned counsel for the petitioner submits that, the only relief sought for in this writ petition is to cause Ext.P1 to be considered by the 1st respondent and Ext.P2 to be considered by the 2nd

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respondent within a reasonable time.

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The learned counsel for the 2nd respondent submits that, Ext.P2 preferred by the petitioner has already been considered and necessary remarks are endorsed by the 2nd respondent and forwarded to the 1st respondent.

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W.P.C. No. 6397 of 2013

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-2-

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Heard the learned Government Pleader as well.

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After hearing both the sides, the writ petition is disposed of directing the 1st respondent to consider Ext.P1 and pass

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appropriate order in accordance with law. This shall be done after giving an opportunity of hearing to the petitioner and respondents 2 and 3. The matter shall be finalized at the earliest,

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at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for

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further steps.

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P.R. RAMACHANDRA MENON, JUDGE.

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kp/-

U.Kunhiraman v. District Collector

Case brief

What is this about?

What did the court decide?

U.Kunhiraman v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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