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2024 Supreme(Online)(Ker) 74816

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALLY – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C) 9535/2016



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 19TH DAY OF JUNE 2024 / 29TH JYAISHTA, 1946 WP(C) NO. 9535 OF 2016 PETITIONER/S:

ALLY AGED 64 YEARS W/O VASU, MANIKKULANGARA HOUSE, KAKKANADU, ERNAKULAM DISTRICT BY ADVS.

SRI.A.T.ANILKUMAR SMT.K.U.HASEENA SMT.V.SHYLAJA RESPONDENT/S:

1 DISTRICT COLLECTOR ERNAKULAM DISTRICT

2 THE TAHASILDAR KANAYHANNUR THALUK, ERNAKULAM DISTRICT

3 THE VILLAGE OFFICER KAKKANANDU VILLAGE, ERNAKULAM DISTRICT BY ADV GOVERNMENT PLEADER OTHER PRESENT:

SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J –-------------------------------------

W.P.(C.) No. 9535 of 2016 --------------------------------------

Dated this the 19th day of June, 2024

JUDGMENT

The above writ petition is filed with following prayers : “A) Call for the entire records leading to the cancellation order and consequent cancellation of Ex.P1 pattayam and quash the same by issuing a writ of certiorari or any other appropriate writ, order of direction.

B) Issue a writ of Mandamus or any other appropriate writ, order or direction thereby direct the respondents to complete the enquiry if any pending, in respect of Exhibit P1 pattayam within a time frame fixed by this court.

C) Grant such other relieves which are just and necessary in the interest of justice.” [sic]

2. One of the main prayer in this writ petition is to call for the entire records leading to the cancellation order and consequent cancellation of Ext.P1 pattayam and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. It is conceded by the Government Pleader that Ext.P1 pattayam is already cancelled. The Government Pleader submitted that since it is an old file, the authorities concerned are trying to get the same. If that is the case, the petitioner can file an application before the 2nd respondent for getting a copy of the order cancelling the pattayam and if such an application is filed, the 2nd respondent will issue a copy of the same to the petitioner, within a time frame.

Therefore, this writ petition is disposed of with the following directions :

1) The petitioner is free to file an application before the 2nd respondent for getting a copy of the order cancelling Ext.P1 pattayam within three weeks from the date of receipt of a certified copy of this judgment.

2) If such an application is received, the 2nd respondent will consider the same and issue a copy of the order to the petitioner forthwith, at any rate, within three months from the date of receipt of the application.

3) The petitioner is free to challenge the order, in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF WP(C) 9535/2016 PETITIONER EXHIBITS EXT.P1: PHOTOCOPY OF THE PATTAYAM ISSUED BY

2ND RESPONDENT BEARING NO. 11196 EXT.P2: PHOTOCOPY OF THE FIELD SKETCH IN RESPECT OF FILED NO. 589/14 EXT.P3: PHOTOCOPY OF THE MAHASAR PREPARED BEFORE ISSUING PATTAYAM EXT.P4: PHOTOCOPY OF THE REPRESENTATION IN THE PEOPLE CONTACT SCHEME AND LATER FORWAREDED 1ST RESPONDENT

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