The Kerala High Court disposed of the writ petition directing the District Collector to expeditiously dispose of the petitioner's representation regarding a registry cancellation request within two months after hearing all parties.
Directions to the District Collector to dispose of the representation within two months after hearing all parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937
WP(C).No. 13755 of 2009 (L)
PETITIONER:
ELIZEBETH PETER, AGED 57 YEARS, W/O.PETER DAMIEN, 'VRINDAVAN', CHETTICHIRA VYTTILA P.O., ERNAKULAM.
BY ADVS.SRI.V.V.RAJA SRI.R.RANJITH
SRI.M.T.SURESHKUMAR
RESPONDENTS:
1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM.
2. THE TAHSILDAR, TALUK OFFICE, KOLLAM.
3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOLLAM.
4. JOSEPH AUSTIN, KURISSADY BHAVAN, (AUSTIN'S VILLA), THIRUMULLAVARAM, KOLLAM-12.
5. MRS.PHILOMINA BEN, HEDWICK, T.C.23/1661, BNRA 55, JAWAHAR NAGAR KOWDIAR, THIRUVANANTHAPURAM.
6. SRI.SETURNIAN AUSTIN, KURISSADY BHAVAN, THIRUMULLAVARAM, KOLLAM.
R4 BY ADV. SRI.SUNNY ZACHARIA R1 TO R3 BY ADV. GOVERNMENT PLEADER SMT. LILLY LESLIE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0909-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C 13755 OF 2009
APPENDIX
PETITIONER's EXHIBITS ;
EXT.P1-TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.1717 OF 2007 DATED 29.5.2007 OF KOLLAM SUB REGISTRY.
EXT.P2-TRUE PHOTOSTAT COPY OF THE TAX RECEIPT DATED 30.6.2007 ISSUED FROM THE OFFICE OF THE VILLAGE OFFICE, SAKTHIKULANGARA.
EXT.P3- TRUE PHOTOSTAT COPY OF THE SKETCH AND PLAN OF THE PROPERTY AFTER PARTITION.
EXT.P4- TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 23.4.2008 ISSUED BY THE VILLAGE OFFICE, SAKTHIKULANGARA.
EXT.P5- TRUE PHOTOSTAT COPY OF THE NOTICE DATED 24.4.2009 ISSUED BY THE THIRD RESPONDENT.
EXT.P6- TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 11.5.2009 SUBMITTED BY THE PETITONER BEFORE THE 1ST RESPONDENT.
EXT.P7- TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 14.5.2009 SUBMITTED BY THE PETITIONER BEFORE THE INFORMATION OFFICER.
RESPONDENT'S EXHIBITS : NIL
TRUE COPY
P.S. TO JUDGE
AL/-
ANU SIVARAMAN, J.,
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Dated this the 9th day of September 2015
JUDGMENT
The writ petition is filed challenging Ext.P5 notice issued to the petitioner by the third respondent requiring him to appear before him for a hearing with regard to the request submitted by respondents 4, 5 and 6 for cancellation of the transfer of registry already effected. The petitioner has averred in the writ petition that he understands that a decision has already been taken by the first respondent to effect cancellation of registry and it is purusant to the same that Ext.P5 notice is issued. The petitioenr has also approached the first respondent preferring Ext.P6 representation seeking review of the decision said to be taken by the District Collector.
In the above circumstances, the writ petition is disposed of, directing the first respondent to take expeditious steps to dispose of Ext.P6 representation, after hearing the petitioner as well as
W.P.(c) No.13755 of 2009
2
respondents 4,5 & 6 and to pass final orders within a period of two months from the date of receipt of a copy of the judgment.
Further proceedings purusant to Ext.P5 shall be taken only after
orders as directed above are issued by the 1st respondent.
Sd/-
ANU SIVARAMAN (JUDGE)
al/-
True copy
P.S to Judge
Elizabeth Peter
The District Collector, Collectorate, Kollam
The Tahsildar, Taluk Office, Kollam
The Additional Tahsildar, Taluk Office, Kollam
Joseph Austin
Mrs. Philomina Ben
Anu Sivaraman
As recorded by the court registry
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